H1b: Time For Start Working

F

fabiobaldini

New Member
I'M AN ITALIAN ENGINEER, WILL HAVE A COMPANY IN FLORIDA ASKING FOR AN H1B VISA FOR ME.
I'D LIKE TO KNOW EXACTLY HOW MUCH TIME I HAVE FOR MOVING TO US AND START WORKING AFTER GETTING THE H1B VISA APPROVAL.
I MEAN: IF I GOT THE H1B APPROVAL TODAY, CAN I MOVE TO THE US AND START WORKING IN 2-3 MONTHS? IS THERE AN EXPIRE TIME FOR ASSUMING MY EMPLOYEE POSITION?
THANK YOU.
 
Yes you can - theres no set time by which you have to join the company after H-1 approval.

The only thing to keep in mind is to have a current letter from your employer that the position is still open and they plan to pay you per the petition filed when you go for your visa stamping at the consulate.
 
THANK YOU VERY MUCH.
MY IMMIGRATION LAWYER TOLD ME I HAVE ONLY 30 DAYS TO BECOME AN EMPLOYEE OF THE COMPANY.....
WHICH ONE IS TRUE?
 
Lawyer is partly right. There is only a limited time for you to join the new company. However if while entering US you have a letter from employer that affirms your employment then you can enter even a few weeks from the expiry of visa.
Please dont use caps. It is like shouting.
However, I think your question is about entering US and waiting for 2-3 months before starting to work for employer. Prima facie this is illegal. It is like cheating INS. You need to get the paystub within the first few months.
However the general practice with most of the consulting companies is that until you are assigned a "project", they dont pay the candidate.
So there is a wink wink situation...
 
Here's where the 30 days come from.

The American Competitiveness and Workforce Improvement act provides that H-1 workers must be paid for non-productive time in the US. The H-1 worker may not legally be "benched" without pay. The pay obligation begins either:

1. 30 days from entry to the US if the person is overseas when the H-1 is approved; or
2. 60 days from the date of approval if the person is in the US when the H-1 is approved (a transfer or COS).
 
You must log in or register to reply here.
Top