Dear all,
My company applied premium process H1B application for me last Friday （08-19-2010） （first time applicant）. I suppose to get the response in 15 days. My question is if my H1B is approved, could I start to work right away, or I have to wait until Oct 1st 2010?
-Have you been H1 status before ? If yes, you can work immediately after the H1 is approved if the H1 approval has the I-94. If you have never been H1 before, you have to wait for until Oct. 1 if thhe H1 approval has the I-94.
But if your H1 is approved without I-94, you can not work unless you go out of US to get the H1 visa to activate it. Because you do not have a non-immigration status when you filed the H1 petition, most likely your h1 approval will have no I-94, so you need to prepare to go out of US to get the H1 visa. Also, because you do not ahve the h1 status, if you leave US without AP, your I-485 may be affected.
My story is kind of long and sad. I used EAD to work for the same company for 3 years. Due to to the messy lawyer system in my company, the lawyer forgot to renew my EAD on time （it will expire on 08-26-2010）. For my case, if my current lawyer apply for Nonc Pro Tunc for my H1B application start from 08-26-2010. Will it work?
-Possibility for the H1 approval with I-94 is very samll. Most likely your H1 approval has no I-94.
Your H1 approval most likely does not have I-94. If so, you can not work
My company applied premium process H1B application for me last Friday （08-19-2010） （first time applicant）. I suppose to get the response in 15 days. My question is if my H1B is approved, could I start to work right away, or I have to wait until Oct 1st 2010?
-Have you been H1 status before ? If yes, you can work immediately after the H1 is approved if the H1 approval has the I-94. If you have never been H1 before, you have to wait for until Oct. 1 if thhe H1 approval has the I-94.
But if your H1 is approved without I-94, you can not work unless you go out of US to get the H1 visa to activate it. Because you do not have a non-immigration status when you filed the H1 petition, most likely your h1 approval will have no I-94, so you need to prepare to go out of US to get the H1 visa. Also, because you do not ahve the h1 status, if you leave US without AP, your I-485 may be affected.
My story is kind of long and sad. I used EAD to work for the same company for 3 years. Due to to the messy lawyer system in my company, the lawyer forgot to renew my EAD on time （it will expire on 08-26-2010）. For my case, if my current lawyer apply for Nonc Pro Tunc for my H1B application start from 08-26-2010. Will it work?
-Possibility for the H1 approval with I-94 is very samll. Most likely your H1 approval has no I-94.
Your H1 approval most likely does not have I-94. If so, you can not work
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