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Immigration Issues/L1B to H1B: Change of Status from

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Hi Ramasamy,

I have a question regarding change of status from L1B to H1B. I am presently in the US on L1B. A new employer is planning to file my H1B under this year's cap (2009). Now my question is:

Assuming my new H1B petition gets approved, and I get a new I-94, Can I start working for my new employer before Oct 1st, 2008? I understand that as per H1B rules, A person can only JOIN his employer from Oct 1st. But As I am already in the US and if I get a new I-94 card with my new H1B, Will it be possible to start  working for my new employer once I get my I-94. And then, I can get my H1B visa stamped anytime I go back to India.

The reason this question came to my mind was the scenario where many people with expired H1B still work in the US with their new I-94 and without stamping their new H1B immediately. They get it stamped once they go back to India anytime in future.

Please advise your expert suggestion on this special scenario.

Appreciate your kind guidance.

Thanks & Regards,
-Abm

Answer
Abm,
You cannot start to work for your H-1B employer until the start date.

If you wish to follow "many people with expired H1B still work in the US with their new I-94 and without stamping their new H1B immediately" that is your decision to take.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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