Question (a)
I was previously on H1B. Then I converted to F2. Now I have a job offer from a new U.S. employer who has filed a new H1B petition for me. However, the employer is requesting that I commence work upon filing the H1B petition with the INS or, at the latest, as soon as I receive the INS receipt notice of having filed the H1B petition. Am I allowed to start working under ACTA?
Answer (a)
ACTA states that in order for the H1B Beneficiary to enjoy the benefit of the portability provisions of commencing work upon filing the H1B petition, the H1B beneficiary should have previously been on H1B status or H1B visa. Nowhere in ACTA is there any reference to the fact that the person should presently be on H1B or even be in valid legal status. So it appears, subject to the caveat below, that the person may be legally allowed to start working under ACTA upon filing the H1B petition or upon obtaining the INS receipt notice of having filed the H1B petition
I was previously on H1B. Then I converted to F2. Now I have a job offer from a new U.S. employer who has filed a new H1B petition for me. However, the employer is requesting that I commence work upon filing the H1B petition with the INS or, at the latest, as soon as I receive the INS receipt notice of having filed the H1B petition. Am I allowed to start working under ACTA?
Answer (a)
ACTA states that in order for the H1B Beneficiary to enjoy the benefit of the portability provisions of commencing work upon filing the H1B petition, the H1B beneficiary should have previously been on H1B status or H1B visa. Nowhere in ACTA is there any reference to the fact that the person should presently be on H1B or even be in valid legal status. So it appears, subject to the caveat below, that the person may be legally allowed to start working under ACTA upon filing the H1B petition or upon obtaining the INS receipt notice of having filed the H1B petition
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