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Immigration Issues/H1B premium processing

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Question
Hi,

US company A is ready to apply my H1B premium processing in April 2011 for the year 2012. With H1B premium processing, the H1B visa gets approved within 1 month (max). Can I start working as soon as my H1B gets approved or do I have to wait till October to start working?

you advise will be highly appreciated.

Answer
Hi,

I am assuming that you are not currently in H1B status.

As you are subject to the visa cap, your H1B status will take effect on Oct. 01, 2011 even if you obtain H1B approval within a few days of Co. A filing the H1B petition with the USCIS at the beginning of April. In other words, the H1B approval notice will have a start date of Oct. 01 even if filed through premium processing in April.

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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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