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Old 04-07-2011, 04:20 PM
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Default Can we start working immediatley if H1 is approved before october

Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.

Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

Thanks in advance
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  #2 (permalink)  
Old 04-07-2011, 04:34 PM
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Originally Posted by priyasagiraju View Post
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.

Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

Thanks in advance
You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.

Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)
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Greened on September 3rd, 2010. (New Employer EB3 to EB2 Porting Case)
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