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Does portability of H1 apply to me if I'm currently on H4, but had an H1 status last year, and now applying for new H1?

Immigration 4 views 4 answers
I was on H1b status from 10/11 to 05/12, and since then till now I'm on H4 visa. I found a new job and my employer is filing for my H1b now, and they say that I can start working upon getting a receipt from USCIS. Is that true? Or do I have to wait for an approval?

Attorney Answers

4
Thomas Rosser ·
No. You will need to wait for an approval of the H-1B with the new employer from USCIS. You are "cap-exempt" because you have held H-1B classification within the past six years, but since you are not currently in H-1B status you cannot begin to work for the new employer based solely on the filing receipt.
0 upvotes
J Ferrari ·
The portability provisions apply to H-1bs, not H-4s. Your status must be changed by USCIS before you can begin work.
0 upvotes
Arnold Cohen ·
These experts disagree. Consult a lawyer of your own directly.
0 upvotes

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