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following H1B approval

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by vir.desai, Oct 1, 2004.

  1. vir.desai

    vir.desai Registered Users (C)

    Hi all,

    I need to know that once your new H1B is approved - do you need to start work immediately or you start working when the visa is valid from? Do you get any grace period i.e. can you wait a week or couple of weeks from the date of validity before you start work?

    Appreciate your help.
     
  2. vsshah

    vsshah Registered Users (C)

    Do you need to start work immediately or you start working when the visa is valid from?
    --- You have to start work once your visa duration is valid.


    Do you get any grace period i.e. can you wait a week or couple of weeks from the date of validity before you start work?
    --- You can wait for couple of weeks. Example, You are in India and Your visa validation period in Oct 1 2004 to Sep 30 2007. But you can come to USA in Jan 2005 also and then start work.
     
  3. vir.desai

    vir.desai Registered Users (C)

    Say if you are in the US - does this thing apply then too? I am currently on H4. Have applied for the H1. So when my visa gets approved can I delay the start date then?
     
  4. saigc

    saigc Registered Users (C)

    as your case is h4-h1 your case has 2 scenarios:
    1. when h1 is approved along with change of status (when the approval notice has i94 attached to it): you are legally required to start working for THAT employer immediately and start getting paycheck as once approved you are no longer in h4 but in h1 which requires you to work for that employer and get paid constantly.
    2. when h1 is approved but the change of status is not approved then you are legally NOT PERMITTED to work based on that h1 as you are still in h4 and you need to go out of usa and get the h1 visa stamp and enter as h1.
     

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