H1B->F1->H1B, can start working Immediatly?

S

shubs05

Registered Users (C)
I shifted to F1 from H1B, I went to India to get my F1 stamped and my H1B visa
was cancelled on the passport.

Can I start working as soon as my new employer files for my H1B ?

Please reply .
(I havn't left USA for more than a year so I am not under quota)

Shubs
 
You case NO. Because you are under F1 status untill your H1 get approved.


H1 to H1 transfer you can work as soon as you file your application because you are atleast under H1 status.

F1 candidate without proper work authorization can not stat working at any time.


shubs05 said:
I shifted to F1 from H1B, I went to India to get my F1 stamped and my H1B visa
was cancelled on the passport.

Can I start working as soon as my new employer files for my H1B ?

Please reply .
(I havn't left USA for more than a year so I am not under quota)

Shubs
Click to expand...
 
No, that's not entirely true. If you were on valid H1B status before ,You can start working as soon as your H1B is applied ( irrespective of what status you are and changing to h1b) . You don't have to wait for approval notice or Oct 1st start date but have to wait till it is applied ( wait till you get receipt notice ) . I'm sure this is what was told by an attorney but you may want to verify .

Hope this helps !
 
Thanks guys for the encouraging answers..
It would be great if there are other guys who can veryify the confusion .
 
I also read that AILA interpretted the one who is on status other than H1, but used to be H1 before, can start working upon H1 filing. However, I have never seen this with official word of law or CIS memo, so if you run into trouble, it may not be easy to argue.
 

INS works on their own rule not your attorney says.

If you have I 94 , with caveat F1 or B1, you meant to say any body can work because he had H1 once upon a time.

You and your attorney base of the argument it self contrary to INS ruling.

Unless you have an I 94 status is H1 you can not work, thats why H1 to H1 transfer - start work, after applying the petition is allowed, because you still holding your I 94 with caveat H1.

Let us take this case, guy X was H1 for two years in US and went back to home country. He came back to US with F1 for study. After study he apply for H1. Since he had been under H1 for 2 years, he will not be counted under quota if old h1 is referenced --- but ----

CAN he start working as soon as filed his H1 having I 94 with caveat F1?

You are telling YES based on your attorney. We never take anonymous attorney word as a law or rule.

Go and tell this matter to your attorney get reply.
If you get any references to prove , we always here to listen to any body.

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bprat said:
No, that's not entirely true. If you were on valid H1B status before ,You can start working as soon as your H1B is applied ( irrespective of what status you are and changing to h1b) . You don't have to wait for approval notice or Oct 1st start date but have to wait till it is applied ( wait till you get receipt notice ) . I'm sure this is what was told by an attorney but you may want to verify .

Hope this helps !
Click to expand...
 
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