Can I start working for my employer before October 1st 2015 for H1B cap category?

Question

Can I start working for my employer before October 1st 2015 for H1B cap category?

Anonymous Apr 25, 2015 2 views 3 answers

I'm a postdoctoral scholar at UCLA. I was on a J1 visa. I have been issued a waiver recently. My DS-2019 is still active and I continue to work at UCLA. I have a job from a Biotech company. They filed for my H1B and I was selected in the lottery. I believe that my visa will come in May with Premium processing. My employer really wants me to start working as soon as possible. Until today I wasn't aware that I wasn't eligible to officially start working before October 1st, 2015. My employer is still unaware of this situation. I'm extremely worried that I might lose this job if my employer is not willing to wait for me for 5 months. I wanted your expert advice on whether there is any way I can start working before October 1st 2015?

C Abbott · Accepted Answer · 2026-06-15T14:23:36+00:00

You need to address these concerns to the employer's immigration attorney who filed the H1B application. I am sure that if the employer filed the H1B with all of its fees the last thing it would want to do is to have someone on payroll who does not meet I9 rules (not saying this is the case here) or not want to assist its employee.

Tripti Sharma · Accepted Answer · 2026-06-15T14:23:36+00:00

Tripti Sharma

Tripti Sharma · Jun 15, 2026

You were on J-1? Has your status expired? When did it expire?

0 upvotes

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Accepted Answer · 2026-06-15T14:23:36+00:00

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Jun 15, 2026

You have to wait until October 1, 2015 to start working for your new employer. Please see

0 upvotes

Can I start working for my employer before October 1st 2015 for H1B cap category?

Attorney Answers

Browse by Practice Area

Browse by State