When you’re offered a job in the U.S. under an H-1B visa, it’s normal to be excited and want to begin right away. But immigration law has specific rules about when you’re allowed to start working. In most cases, you must wait until your H-1B petition is approved by U.S. Citizenship and Immigration Services (USCIS). However, there are some exceptions depending on your visa status and whether this is your first H-1B or a transfer to a new employer.
Table of Contents
- What Is the H-1B Visa?
- Can You Work Before the H-1B Is Approved?
- H-1B Transfers and Portability Rules
- Starting Work While on OPT or CPT
- What Employers Need to Know
- Common Mistakes to Avoid
1. What Is the H-1B Visa?
The H-1B is a nonimmigrant visa that allows U.S. companies to hire foreign workers in specialty occupations, usually requiring a bachelor’s degree or higher. It is typically used for jobs in tech, finance, engineering, health care, and other professional fields.
2. Can You Work Before the H-1B Is Approved?
If this is your first-ever H-1B visa, you cannot begin working until the H-1B petition is approved and your status becomes active. This applies to both overseas applicants and those already in the U.S. under a different status. If you start working before approval, it can lead to serious issues, including visa denial, loss of status, or problems with future immigration benefits.
3. H-1B Transfers and Portability Rules
If you’re already in H-1B status and are changing jobs, you may be eligible to start working at the new company after they file your H-1B transfer (also called portability). According to INA § 214(n), as long as:
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You are currently in valid H-1B status,
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The new employer properly files an H-1B petition before your current employment ends, and
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You haven’t worked without authorization,
Then you may start working for your new employer as soon as USCIS receives the new petition (you don’t need to wait for approval).
This only applies within the U.S. and only if you’re already on an H-1B.
4. Starting Work While on OPT or CPT
Some workers in the U.S. are on F-1 student visas, utilizing Optional Practical Training (OPT) or Curricular Practical Training (CPT). If you’re working under OPT or CPT, and your employer files an H-1B petition with a change of status, you can keep working under F-1 rules until your H-1B takes effect (usually on October 1). This period is often referred to as the cap-gap extension.
5. What Employers Need to Know
Employers should avoid letting a worker start without proper authorization. Doing so may cause compliance issues and lead to penalties. USCIS and the Department of Labor both require careful documentation of employment start dates.
Employers should confirm:
- Whether the worker is on an existing H-1B or waiting for first-time approval
- If the H-1B petition has been filed and received by USCIS
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The worker’s current legal status
6. Common Mistakes to Avoid
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Starting work before USCIS receives your petition
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Assuming OPT or CPT lets you work in all situations
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Relying on verbal confirmation instead of written notice of receipt
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Not checking I-94 expiration dates
Summary
You cannot begin working in the U.S. under an H-1B visa until USCIS approves your petition—unless you’re already in H-1B status and switching employers. In that case, you may start working once USCIS receives the new petition. If you’re unsure about your case, consult an immigration lawyer.
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