I worked on h1 for almost one year then . I moved to h4 EAD . so only used 1 year out of 6 year for h1B.and my initial h1b was valid till sep 2017 .
I we applied H4 extension on 5 th oct 2016 along with EAD Extension . while this was pending my husbands company changed his client and then they applied H1 AND H4 extension in premium processing .under premium process we got approval for both h1 and h4 application .
but my old application is still pending (h4 and EAD ) As my EAD is expired I cannot work any more but my employer is ready to file my H1 under cap exempt as I have not used my 6 years yet.
so once get H1 approved can I start working on h1 immediately OR I wait till October
If you are not now an H1b, then you must wait for an approval to start working for the employer.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
This is a bit messy. Why did his employer file to extend your H-4 when you already had an application pending?
Why didn't they apply for an EAD when they filed the 'conflicting' H-4 extension papers?
Yes, you can start working immediately when the H-1B is approved.
NOTE: They had better hurry, they are putting a hold on all premium processing applications received after April 3rd.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You will need approval before employment may begin if you are not currently H-1B
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline