QUESTION
If H1b is approved, can I start working for new employer from September or I have to go back to home country to get it stamped?
Asked on Jun 10th, 2013 on Immigration - California
More details to this question:
My current visa expires on September 20. Is there any work around to stay in US and start working for new employer from October 1st? I heard that I can work from September. Is that true or will that be problem? Currently I am staying in i94.
3 ANSWERS
If your current visa expiration date is 9/20/2013, then you cannot start employment with the new employer without first obtaining an H-1B visa stamped at the U.S. Consulate of your home country (or in some consulates of Mexico and Canada). I don't think you were eligible to file a change of status since you have a 10 day gap between the expiration of your visa and your new H-1B. Employment cannot start before 10/01/2013.
Answered on Jun 17th, 2013 at 9:31 AM
It depends on whether the H-1B is approved as a change of status or not. If your prior status expires in September then it probably cannot be approved as a change of status since the earliest a H-1B can become valid is October 1, 2013 and there has to be uninterrupted lawful stay in order for the change of status to be approvable.
Answered on Jun 11th, 2013 at 10:31 PM
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If you applied for consular processing, then you need to leave on time and apply for an H visa abroad. Ask your attorney to see whether or not going to Canada or Mexico is an option for you, instead of returning to your home country.
Answered on Jun 11th, 2013 at 12:05 PM