Mountain View, CA asked in Employment Law and Immigration Law for California

Q: Can I start working when I get the receipt of H1b filing?

I have a valid H1B stamped on my passport (valid until 09/23/2017) of which I have only used 6 months. However, I have been on F1 status for last two years to do my studies and am now (since 15 days) on B2 status as I have graduated now and am not eligible for OPT (this is my second Masters). A potential employer wants to hire me but is concerned about how quickly can I start given premium processing has been stopped. If they file a H1B petition, can I start working as soon as they get a receipt or do I have to wait for the whole thing to get approved and if yes, is there anyway to expedite this process?

1 Lawyer Answer

A: You cannot start working until your application for a change of status to H-1B is approved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.