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Old 03-12-2010, 11:09 AM
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Default H4 - H1 COS, Can I start working immediately? - Very Urgent

Hi Attorney,

I have my H1 filed in 2008 and got it approved. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.

My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. Is this really true/legal? I want to make sure that I don't run into any legal issues.

I heard of AC21 portability. Will my case fall into this? Am I authorized to work as per the AC21?

Please please help me. I need this info desperately.

Thanks a ton in advance!!
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Old 03-16-2010, 12:45 AM
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
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For H-1B portability, AC21 requires either that an H-1 visa was issued (it was not in your case as you stated that you never went for H-1 stamping) or that you were otherwise accorded H-1 status (you were never accorded H-1 status--the mere approval of a petition without a grant of COS did not confer H-1 status on you).

Accordingly, I don't think you are covered by AC21, and employment prior to the approval of the petition and COS is not authorized.
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