Legal Question in Immigration Law in Ohio

I was on F1 visa and working on CPT for an employer. Another employer filed a H1b petition for me with change of status form. The petition got approved on 11th august, I got to know online through USCIS case status. I am yet to receive the I797 document. However since the petition was filed as a premium processing case my employer received email from USCIS detailing approval and start date as 08/11/2016 and an end date. Am I eligible to join before I receive I797 form.


Asked on 8/17/16, 2:40 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

As long as the employer received an approval notice with an immediate start date, then you can begin your H-1B employment right now. You do not have to wait until the original approval notice arrives in the mail. You just cannot leave the country or apply for an H-1B visa at the U.S. Embassy without the original approval notice with the I-94 at the bottom.

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Answered on 8/18/16, 8:18 am


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