After I was laid off from my H1B job a few months ago, I filed an application to change status to B-2. That application is still pending. A new employer wants to file an H1B for me. Can I start working upon filing?
19 Nov 2020Answer
Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If that happens, you likely would have to depart the U.S. and return with a valid H1B visa “stamp” in order to begin working for the H1B employer. (19.Nov.2020)
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