H4 to H1B; Start Date

[mbafinance]

Hi,

I am on a H4 Visa which is valid till Sep 2012.

Now my question is if I get a job (after april 2010) and the H1b Visa gets approved right away, When can I start the job ? Do I have to wait till Oct 1st 2010 to start my job?

Your help is greatly appreciated !

[shervin143]

Do you already have an H1B petition that you are planning to get stamped?

If you are talking about filing a new H1B petition with COS, then you can start working only from the effective "Valid From" date on the I-94 that comes with the approval notice (Because that is the date on which your status changes from H4 to H1B).

[mbafinance]

Thank you for your reply Shervin !

This would be a fresh H1b application with COS.

I have heard from people that even though the H1b gets approved before OCT the I797 says that the H1b would start on the 1st of OCT.

I am just putting my questions based on what I have heard from others.

Your guidance is highly appreciated !

[shervin143]

If you are talking about the H1B CAP for the next year, then the approval notice will have an effective start date of October 1st 2010. However, this years CAP is still open.

So ultimately, it is the "Valid From" date on the approval notice that will dictate when you can starting working.

[mbafinance]

Thanks for your reply Shervin !

So to summarize, following is what i have learned:

1. If my H1b visa get approved in this years quota before April 2010 (H1b CAP 2010) then I can start working per the effective date on the I797

2. If my H1b visa gets approved within H1b CAP 2010 then I will have a start date of 1st Oct 2010

Please correct me if I am missing anything !

Thanks !

[shervin143]

You are getting confused over visa and petition. Visa is the one that you get stamped in your passport by visiting a U.S consulate. Visa is just an entry document to U.S. If your employer apply for an H1B petition on your behalf on the current open CAP, then the approval notice will have an effective start date as per the request by your employer (Since we are past Oct 1st 2009 and the CAP still remains open). If they wait till next April and apply in next year's CAP, then the approval notice will have an effective start date of Oct 1st 2010 or later.

[mbafinance]

Thank you for your reply Shervin !

Yup, I meant H1b petition.

Totally understood !

Thanks again.