From sol.ctr.columbia.edu!howland.reston.ans.net!agate!dog.ee.lbl.gov!network.ucsd.edu!qualcom.qualcomm.com!jwegrzyn-mac.qualcomm.com!user Sat Aug 21 12:19:32 EDT 1993 In article <24qfms$t6h@access.digex.net>, rskhanna@access.digex.net (Rajiv S. Khanna) wrote: > > In article jwegrzyn@qualcomm.com (J. Kris Wegrzyn) writes: > >In article <24o3ms$jh1@msuinfo.cl.msu.edu>, christ@cps.msu.edu (Oliver > >Christ) wrote: > >> > > > >> >4. Is it legal to work before the H1-B is received ? Since it > >> > takes 4-6 weeks, clearly the company has to put up with > >> > that delay even though I have accepted their offer and am > >> > ready to start. Same question carries over to the wait > >> > period if the 65 K limit is reached. > >> > > >> > >> The answer is simply "NO". > >> Don't forget to add to the time estimate above the time it > >> takes to receive the necessary forms and the approval of > >> the labor condition application (2 weeks + 2 weeks) before > >> you can file with the INS! > >> > >> Oliver (christ@cps.msu.edu) > > > >The answer is YES. > > > >The layer that processes my H-1 won the case against the INS and a court > >ruling that it is not illegal to start working after the petition for H-1 > >was filed before it is approved providing that the H-1 will be granted. > > > > > >J. Kris Wegrzyn (jwegrzyn@qualcomm.com) > > > To the best of my knowledge, there is no such case on the books. Here is > what typically happens in an H-1B processing. > > First Step > -Apply for Prevailing Wage Info (Let us Assume on 1st September) > -Receive Prevailing Wage (Approximately 2-4 days, let us say 5th Sep) > > Second Step > -Apply for LCA (5th Sept) > -Receive LCA (10th Sept) > > Third Step > -Apply for H-1b From INS (10th Sept) > -Petition goes into the INS files (Appx. 2-3 days, let us say 13th) > > Now, even if you have asked for H-1B permission from 1st September when > you started the process, INS will ONLY grant it to you from the date it is > entered in their system: September 13th. > > Is it legal to work before 13th September? - Absolutely not. > > Is it legal to start work from the 13th? - Could be, if the petition is > approved. But it is dangerous practice. > > There are more complications and loopholes, but what I have stated above > is pretty much the situtaion. > > If any of you well informed folks know it to be different, please let me know. > -- > ----------------------------------------------------------------- > LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 > 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net > Washington, DC 20036-3403 rajiv.khanna@permanet.org "Work performed by alien after having filed prima facie approvable H-1 petition and application for change of nonemmigrant status persuant to 8 USCS par 1258, but prior to formal approval, does not constitute unauthorized employment within meaning of 8 USCS par. 1255(c) if petition and application are subsequently approved." Salehpour v. INS (1985, CA9 Cal) 761 F2d 1442. You can find it in: United State Code Service, Lawyers Edition Cummulative Supplement issued in May 1993 8 UCSC - Aliens and Nationality, par. 1-1260 Interpretive notes and decisions to par. 1255 (page 283) J. Kris Wegrzyn (jwegrzyn@qualcomm.com)