When can I start working for my employer? 2 Answers as of February 22, 2011

I am in US on a L1B 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
Since you are changing categories you do not get the benefit of the "extension rule" which allows you to start working when the extension is received by USCIS - this requires same classification and same employer and is called the 240 day rule.

If a new H is filed for you the earliest day of the fling is April 1 for a start date of October 1. Until that date you need to either maintain your existing status, go home or change to another status for which you are eligible.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you are on h1b, yes. If not, you have a problem.
Answer Applies to: Florida
Replied: 2/22/2011
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