Monmouth Junction, NJ asked in Immigration Law for New Jersey

Q: L1 to H1B and no premium processing

I am currently in USA on L1 status. I got a new job and my new employer is going file a cap exempt H1B ( based on a previoulsly approved H1B). USCIS today closed premium processing. Can I still join my new employer based on receipt? Employer's immigration attorneys says I can join, but on USCIS official website, I found this regarding change of status:

"Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. "

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1 Lawyer Answer
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: As a precautionary measure, you should not commence employment with the petitioning employer until USCIS approves the FORM I-129H.

You also should be asking and directing this question to the immigration attorney filing the petition with USCIS.

1 user found this answer helpful

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