H1 to H4 and now trying to get back to H1. Can I work on receipt notice?

Asked almost 2 years ago - Portland, OR

I am currently on H4 and I have an employer ready to file for my H1. I was on an H1 before I went to H4 for about 2 years and so I do not fall under the quota. My employer told me that I can start working on an H1B receipt but I strongly feel that I can not and that I would have to wait for the approval based on H4 to H1 portability. Can I actually start working on receipt without an approval? If I do that, what happens if my H1 petition gets denied? Do I fall under the same visa I was before I applied for my H1?

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Don't get legal advice from your husband, unless he is licensed as an attorney in the US.

    Talk to your company's immigration lawyer ... I am sure that he/she will say that the receipt alone is not sufficient for you to start working.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . No. You cannot work without your H-1B petition having been approved. You could have only done that had you now still been in H-1B status and were changing employers, which is not the case in your situation.

    If your H-1B petition gets ultimately denied, then yes, you will fall back under H-4 status, as long as it will stil be valid on its own merits (i.e. your spouse will still be in valid H-1B status and your H-4 is still valid.)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Gen Kimura

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . You are right. You can't work until USCIS approves your H1B.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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