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Immigration Issues/H1B petition employment start date

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Question
Hi,

My employer applied for my H1B visa last November 10, 2011.  I am currently here in the US under a B2 visa and decided to just wait for the results here as advised by the employer as well.

If my application gets approved, am I required to start after October 2012?  The employer is doing everything for me but I'd like to know more about the whole process.  They said if I get approved, I can start on April?  Can that be true?  I don't know if I just didn't understand what they were saying most of the time because I'm not familiar with laws here in the US.

Answer
Hi,

You can continue to remain legally in the U.S. even if your I-94 expires since the H1B petition was filed and accepted within the visa cap prior to expiration of your I-94. As you can hold only one status at a time in the U.S., you will automatically be in H1B status upon approval of the H1B petition by the USCIS granting you change of status from B2 to H1B.

If the H1B approval notice indicates that your employment start date is April, 2012, then you should plan on being on the payroll in April in order to maintain your H1B status.

Immigration Issues

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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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