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Immigration Issues/H4 to H1 transfer when in cap



I already had a H1 visa but i got it transferred to H4 coz i had no job. I got a job now and the start date is Aug 10th. I got the employer who would do the transfer and by Monday the filing would start. So i see that there is no more the system the online LCA approval. So please tell me how many days does it take to legally start working. Can i start working from Aug 10th? My H1B is valid till Dec 2010


Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Panky,

You have to file an change of status application back to an H-1B BEFORE you are allowed to begin working.  In fact, you have to wait until the H-1B is approved for that employer before you can begin employment, otherwise it will be considered unauthorized employment.  You need to be very careful about filing an H1B these days since many H-1B petitions are being denied, even if you have had an H-1B before.  

I have written some articles on the H-1B process and this year's statistics on the success of H-1B applications:

Lastly, the LCA system is still online, but it is different and now can take up to 7 days.  Also, many attorneys are even having problems getting the LCAs approved.  The new system is lengthier and has more rules.

Good luck on your case,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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