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?


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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