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H1B work timelines

Saint Paul, MN |

My H1B approved from 1st October,2013. I'm currently on H4 visa and is expiring on 10th Aug and hence applied for extension till 30th Sep.

Can I work from 1st Oct on H1 even if I don't receive H4 extension approval by then.

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Attorney answers 3


Yes. Your H-4' extension application will have maintained you in status until October 1, when your H-1B status kicks in and you can start working in H-1B status.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



If i don't get approval by 30th September, can I withdraw my H4 extension application and be on H1 from 1st October.


Depends on whether USCIS changed your status to H-1B effective October 1.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Hello. The answer is 'it depends'. Seek legal counsel as appropriate. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.
Phone 612-296-9666

Twin Cities & St. Cloud, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666, IMMIGRATION - VISA LAW, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See