More details to this question:
I am in US on a visit visa and a prospective employer wants to hire me. He wants me to start the job from April 1st 2011. According to my understanding the quota of H1B for FY 2012 start on 1st April 2011 but the job can only start from 1st October 2011. But my prospective employer says that if I am in the US and petition is approved then I can start working without waiting for 1st October 2011. Please advise?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Take a look at the H-1B Approval Notice this will indicate the date when you can begin employment. If the employer applied already you may have a start date earlier than October 1, 2011 as the H's for this year just ran out after the 27th of January, 2011 so cases filed before then made it into this year's quota and may have requested a start date earlier than October 1.
Answered on Feb 01st, 2011 at 7:28 PM
No, you cannot work until October 1, 2011 even if the petition is approved before October 1, 2011. Because you are on a visitor's visa, which is not work authorized, you cannot work until the new H-1b fiscal year begins on October 1, 2011. Working illegally before then will cause your petition to be revoked. Only international students on F-1 visa who receives Optional Practical Training (OPT) can work as soon as the petition is approved because OPT is a work authorized status. Your visit visa status is NOT work authorized and therefore you have to wait until October 1, 2011. USCIS will begin accepting H1b petition in the beginning of April, but the H-1b fiscal year starts on October 1, 2011. The law allows H1b filing with USCIS 6 month before the beginning of the H-1b fiscal year (hence April submission).
Answered on Jan 31st, 2011 at 9:13 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
The quota for H1B for this year (FY 2011), which started 10/1/2010 has been reached. All new H1Bs can only be filed for FY 2011. They can be filed after April 1, 2011 for a start date of October 1, 2011. Even if in the U.S. you could not start until October 1, 2011. Additionally, if you current status expires before October 1, 2011 you cannot file for a change of status to H1B since you will not be in status at your start date. You would have to apply for your H1B visa at the U.S. consulate in your home country.
Answered on Jan 31st, 2011 at 8:58 AM
The cap for employment start dates in 2011 has already been reached.
Answered on Jan 31st, 2011 at 6:58 AM