H4 to H1 filed under H1 cap exempt - when can I start working


I had an approved and stamped H1-B visa which was never utilized since i quit from my previous company. I came to US in feb 2012 on H4 visa.

Now in Aug 2013 A consulting company here in US filed a cap exempt H1-B transfer I-129 through Premium processing. And the consulting company has informed me that I can start working immediately after filing the case to USCIS, before getting the approval of H1 status.

Please let me know if this is true?

as per my understanding I have to wait till I get approved H1 status before i canI start working. Could anyone please confirm please.


in your case you cannot start untill you get approval as your status is still H4. once approved with COS you will be on H1 and can work.

Consultants just need money…you could be in trouble if USCIS discovers that you worked before approval

Why blame consulting Companies, if a Guy has worked even he is making money. In most cases, consulting companies get pushed by these greedy candidates.

Thanks SnowWinter for your reply.

In this particular case, it seems the company is pushing for the candidate to start working on H-1 ASAP. As a company, they have access to lawyers to file the case and know the rules. So either the company is being greedy here and ignoring the rules, or they are getting pretty bad advice from their lawyer.

Remember to get paid by this company once your H-1 status starts. Not getting paid will put you in out of status.

This is Swetha, i need some information on which consultancy has filed H1 for you, iam looking for a sponsor, worked in Java for 7yrs, currently iam on H4 and willing for COS to H1, it would be great help if you can provide me that information.