When can H4 to H1-B start work ?

C

cc102373

Registered Users (C)
Hi,
Please let me know when can a person who is currently on H4 start working ? Is it after one receives the approval i.e. the I-797 document from the immigration dept. or can one start working as soon as the application for H1-B is sent to the INS and the tracking number is received.

Secondly, what happens in the scenario that the H4 person leaves the country and comes back into US without stamping the H1-B visa at a consulate. Does it mean that the person is reverted back to H4 status and not allowed to work or will there is a problem at the POE.

Thanks a lot.
 
cc102373 said:
Hi,
Please let me know when can a person who is currently on H4 start working ? Is it after one receives the approval i.e. the I-797 document from the immigration dept. or can one start working as soon as the application for H1-B is sent to the INS and the tracking number is received.

---- prev on H4 so can start work only if aproval received.
Secondly, what happens in the scenario that the H4 person leaves the country and comes back into US without stamping the H1-B visa at a consulate. Does it mean that the person is reverted back to H4 status and not allowed to work or will there is a problem at the POE.

if travelling after the approval is received, then if H4 is used to enter the status is H4 and cannot work, though no problem at POE. to work need to apply to COs again or travel abroad to get H1 stamped.

Thanks a lot.
Click to expand...
 
cc102373 said:
Hi,
Please let me know when can a person who is currently on H4 start working ? Is it after one receives the approval i.e. the I-797 document from the immigration dept. or can one start working as soon as the application for H1-B is sent to the INS and the tracking number is received.

Secondly, what happens in the scenario that the H4 person leaves the country and comes back into US without stamping the H1-B visa at a consulate. Does it mean that the person is reverted back to H4 status and not allowed to work or will there is a problem at the POE.

Thanks a lot.
Click to expand...
H1B cannot start working before receiving I-797 approval (can work on EAD if I-140/I-485 is pending)
H4 cannot work at all (but (can work on EAD if I-140/I-485 is pending)
Once H1B status is approved, H1B visa has to be stamped in USA consulate abroad in order to re-enter.
 
correction

stonewall said:
H1B cannot start working before receiving I-797 approval (can work on EAD if I-140/I-485 is pending, however loses H status in that case)
H4 cannot work at all (but (can work on EAD if I-140/I-485 is pending, however loses H status in that case)
Once H1B status is approved, H1B visa has to be stamped in USA consulate abroad in order to re-enter.
Click to expand...
 
cc102373 said:
Hi,
Please let me know when can a person who is currently on H4 start working ? Is it after one receives the approval i.e. the I-797 document from the immigration dept. or can one start working as soon as the application for H1-B is sent to the INS and the tracking number is received.
--- that person can start working only after h1 petition is approved and "change of status" is approved. if you get i94 attached with h1 approval then "change of status" is approved. else that per cannot start working immediately (he/she has to depart and get h1 visa stamped and re-enter on h1 to start working)
Secondly, what happens in the scenario that the H4 person leaves the country and comes back into US without stamping the H1-B visa at a consulate. Does it mean that the person is reverted back to H4 status and not allowed to work or will there is a problem at the POE.
he/she will be granted admission in the category shown in the visa stamp. once reentered on h4 that person cannot work unless departs and reenter on h1 or change status from h4 to h1 again.
Thanks a lot.
Click to expand...
 
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