Can a person work on H4 while his petition for H1- b cap exempt pending from USCIS

Hi ,

My husband’s petition was filed for H1- B and we received the receipt on June 8, 2015. His petition was filed under H1- B cap exempt. Until now the status is pending with USCIS. If he travels on H4 can he start working for a client based on the receipt received on June 8, since October 1st, 2015 has already passed?

Please reply.



No, he cannot. I assume he is outside of US at the moment.

When he enters on H-4, his status will be H-4 which doesn’t allow the person to work. In order to work his status needs to be H-1, which can happen either through filing COS or entering US on stamped H-1 visa. Both of these are possible only when H-1 petition has been approved.