JulianB wrote:
>> Joe Feise wrote:
>>> nettlebed wrote on 01/08/06 17:59:
>>>>> I was speaking to my bro-in-law and getting some confused messages
>>>>> about
>>>>> H1-B visas. Although he did originally get his visa in 2001.
>>>>> Apparently he started work as soon as his company filed an H1-B
>>>>> application
>>>>> for him and then left the country a few months later to get the
>>>>> visa
>>>>> stamped. I didnt think it was possible to work until you have
>>>>> the visa?
>>>>> Secondly, he says that nowadays if you move comapny, they have to
>>>>> apply for
>>>>> a new H1-B visa and you have to leave the company tp get it
>>>>> stamped
>>>>> - I
>>>>> thought you just need to get a transfer?
>>>>> Finally, he said that he had heard cases where people left the
>>>>> country to
>>>>> get a new H1 and were not allowed back in because their
>>>>> application
>>>>> for a
>>>>> green card was considered to be proof that they lied on their H1
>>>>> application
>>>>> i.e. they had prior intent on staying in the US.
>>>>> Can anyone please advise if any of the above comments are
>>>>> true?
>>>> Technically this is unlawful. You can not work lawfully until you
>>>> have the visa in your passport, even if it has been approved.
>>> No, that is *not* true.
>>> A visa has meaning only when applying for entry in the US. The stay
>>> in the US is governed by the I-94. If the H1 approval notice
>>> contained an I-94 which gave his status as H1B, he could (and indeed
>>> had to) start working, as from that date on, his status was H1B.
>>
>> So what you are saying is that if I was already in the US when I
>> received an
>> H1-B approval, I dont need to wait until October to start working?
>>
>>>> I don't believe this is correct. I think a transfer is possible.
>>> As stated above, the I-94 is what counts. If the I-94 is still
>>> valid,
>>> the person
>>> doesn't need a visa stamp.
>>> For a transfer, the person can actually start working for the new
>>> company when
>>> the receipt notice shows up.
>>> It is amazing how many wrong rumors are floating around.
>>> -Joe
>
> Yes that it is what Joe is saying, and he is correct.
> HOWEVER, what has been lost along the way from the original post is
> the fact that you *cannot* work when the petition is filed. You must
> wait until the petition is *approved*. Thus, your brother-in-law was
> originally working illegally.
Understood but this goes against most of what I have read either on here or
other areas that if you get an H1 in April, you cant begin work until
October. This seems to suggest that if a company applies for a visa for me
in April and gets one in June/July, I can start work in June/July.
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