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When can I start work after approval?

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  • When can I start work after approval?

    I'd just like to clarify that there's a 6 month wait period before starting work for the employer of an H1B.

    So if I applied on August 1st, got accepted Nov 1st, I'd still have to wait until Feb 1st to start work for the employer. Is this correct?

  • #2
    I am not sure what 6 months of wait period you are talking about. There is no such thing. If the H1B gets approved with a new I-94, then there will an effective date mentioned in the approved petition and you should start working as of that date and have pay slips from that date to be in a valid H1B status. Otherwise you are considered out of status on H1B. If this is a fresh H1B, then the effective date will be on or after Oct 1st.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      This would be my first H1B visa. Not a transfer/extension.

      So the Oct 1st date is just a date where that current years applications can't start work until? So say I applied on Aug 1st, got approved on Nov 1st I'd be able to work from Nov 1st?

      So in theory also, say I paid for premium service and applied on Oct 5th, got approved Oct 24th... I'd likely be able to start work for the company some time in October or November?

      Thanks

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      • #4
        Here is the basics. Any fresh petition will have an effective date of Oct 1st or later. Your approval notice will clearly mention from when the petition becomes effective. If you apply the H1B petition today on premium process and let us say it gets approved by the end of July, you still cannot work since the effective date will be indicatesd as Oct 1st. If you file a petition after Oct 1st and request an immediate start date, then upon approval (with new I-94), you can immediately start working.

        The effective date in the approval notice is the KEY.


        Originally posted by bazclef View Post
        This would be my first H1B visa. Not a transfer/extension.

        So the Oct 1st date is just a date where that current years applications can't start work until? So say I applied on Aug 1st, got approved on Nov 1st I'd be able to work from Nov 1st?

        So in theory also, say I paid for premium service and applied on Oct 5th, got approved Oct 24th... I'd likely be able to start work for the company some time in October or November?

        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks very much for your clear explanation, shervin!

          Comment

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