Immigration Issues/J2 to H4 to H1B

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Question
Hi,

I am currently on J2 visa that will expired on june 30th 2010. I already have my H4 starting from June 30th 2010. I have already applied for my H1B visa. I have my EAD from last 4 yrs. My question is can i work from july to sept till my h1b will start on oct 1.

Thanks

Answer
Hi,

Once EAD expires on June 30, you cannot be employed again until Oct. 01, when H1B status takes effect.

If you were currently in F1 status, then there is "cap-gap" coverage allowing for extension of OPT (a variant of EAD) which would have allowed you to be employed until H1B status took effect, but that of course does not apply in this instance.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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