When can I start working for my employer? 6 Answers as of February 01, 2011

I am in US on a visit visa and a prospective employer wants to hire me. He wants me to start the job from April 1st 2011. According to my understanding the quota of H1B for FY 2012 start on 1st April 2011 but the job can only start from 1st October 2011. But my prospective employer says that if I am in the US and petition is approved then I can start working without waiting for 1st October 2011. Please advise?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Take a look at the H-1B Approval Notice this will indicate the date when you can begin employment. If the employer applied already you may have a start date earlier than October 1, 2011 as the H's for this year just ran out after the 27th of January, 2011 so cases filed before then made it into this year's quota and may have requested a start date earlier than October 1.
Answer Applies to: California
Replied: 2/1/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
No, you cannot work until October 1, 2011 even if the petition is approved before October 1, 2011. Because you are on a visitor's visa, which is not work authorized, you cannot work until the new H-1b fiscal year begins on October 1, 2011. Working illegally before then will cause your petition to be revoked. Only international students on F-1 visa who receives Optional Practical Training (OPT) can work as soon as the petition is approved because OPT is a work authorized status. Your visit visa status is NOT work authorized and therefore you have to wait until October 1, 2011. USCIS will begin accepting H1b petition in the beginning of April, but the H-1b fiscal year starts on October 1, 2011. The law allows H1b filing with USCIS 6 month before the beginning of the H-1b fiscal year (hence April submission).
Answer Applies to: California
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The quota for H1B for this year (FY 2011), which started 10/1/2010 has been reached. All new H1Bs can only be filed for FY 2011. They can be filed after April 1, 2011 for a start date of October 1, 2011. Even if in the U.S. you could not start until October 1, 2011. Additionally, if you current status expires before October 1, 2011 you cannot file for a change of status to H1B since you will not be in status at your start date. You would have to apply for your H1B visa at the U.S. consulate in your home country.
Answer Applies to: California
Replied: 1/31/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
The cap for employment start dates in 2011 has already been reached.
Answer Applies to: Florida
Replied: 1/31/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your understanding of the quota system is almost correct. All H-1B visas for the current fiscal year have been assigned and you will have to wait until the beginning of the new fiscal year (on October 1, 2011) before you can begin a new H-1B employment. USCIS will start accepting petitions for new H-1B visas as early as April 1 (=not earlier than 6 months prior to the employment start date), but that does not mean that you can work. It also does not mean that you can remain in the US to await the employment start date unless your authorized stay is extended.
Answer Applies to: Florida
Replied: 1/31/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Your prospective employer is incorrect. You can apply in April but the job and you can't start until Oct.
    Answer Applies to: Florida
    Replied: 1/30/2011
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