H4 to H1 , URGENT

D

deepakbagr

Registered Users (C)
Hi,
I have a question about H1B.
I am now on H4 and I got selected in a company which is filing my H1B.

Can I start working after I appply for my H1B or once my H1B gets approved ?
Or
Do I have to wait till october to start working ?

I need an immidiate reply .

Best Regards.
 
deepakbagr said:
Hi,
I have a question about H1B.
I am now on H4 and I got selected in a company which is filing my H1B.

Can I start working after I appply for my H1B or once my H1B gets approved ?
Or
Do I have to wait till october to start working ?

I need an immidiate reply .

Best Regards.
Click to expand...

Yours is FRESH H1 filing and comes under Quota of 2005 Or extra 20,000 if you have US based Master's degree. You can file right away, BUT You can start working only when your H1 petition got approved with effective date mentioned.
 
Non-for-profit employer are exempted from H1 cap

deepakbagr said:
I don't have masters degree. Can the effective date be before oct 1st 2005 :confused:
Click to expand...

If the employer is CAP-Exempted from H1 Quota, then employer get your H1 approved with effective date before oct 01'05.

To qualify for H1 cap exemption, your employer must be Not-for-Profit OR community based OR Charitable OR Social OR Educational institute/organization/firm.
 
My view

In your case, it will be considered a new H1 unless you did master's degree in uSA or the organization filing your H1 is exempted from H1 quota. As for working, you need to wait until it is approved since it is a not a H1 to H1 transfer. The valid date on the H1 is the date from when u can start working.
 
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