I was on H1B, converted my status to F-1 and I would like to go back to H-1 now. Can I start working immediately upon getting the receipt number from the USCIS, or do I have to wait till I get the approval?
09 Dec 2013Answer:
It would be necessary to wait for the H1B petition approval before starting employment again. The H1B in this situation normally would not be cap subject, so it could be filed at any time and could request an immediate start date. Unlike when changing jobs within H1B status, however, moving from one H1B petition to another, the work must await the approval. Of course, premium processing could be used to expedite the H1B decision. (09.Dec.2013)
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