I was on an H4 visa and recently received the H1B approval, with change of status approved. What is the maximum time I have before I need to be on the employers payroll? I have seen reports saying there is a 60-day period in case of a status change, but I wanted to see if anybody has more information. Thanks.
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H4 to H1/Time to join employer
- Thread starter vibhuti
- Start date
vibhuti said:I was on an H4 visa and recently received the H1B approval, with change of status approved. What is the maximum time I have before I need to be on the employers payroll? I have seen reports saying there is a 60-day period in case of a status change, but I wanted to see if anybody has more information. Thanks.
having change of status approved (attached i94) it depends on h1 effective start date (not approval date). usually its the same unless the employer requested a particular start date.
saigc, thanks for your response. for example, if my h1 validity is from dec 1 2004, which is what the employer has also asked, should i be on his payroll from dec 1 itself? or do i have 60 days period to officially get on the payroll. again, this is a change of status from h4 to h1.
vibhuti said:saigc, thanks for your response. for example, if my h1 validity is from dec 1 2004, which is what the employer has also asked, should i be on his payroll from dec 1 itself? or do i have 60 days period to officially get on the payroll. again, this is a change of status from h4 to h1.
change of status person cannot enjoy any grace periods to join employer.
you should be on their payroll effective dec 1st.
indgc123 said:saigc,
What if the candidate did not receive SSN immediately after transferring to H1? My wife's employer has given a starting date as Oct 1 2004 (visa eff date) but she couldn't start as per the agreement date due to 2months delay in receiving her SSN.
thanks
ind
she dont have to wait till she gets her ssn. she is legally permissible to start working for that employer from the effective date of h1.
options:
1. she can work but start getting paid after getting ssn for the full period.
2. ssa usually sends the card within couple of weeks. as a rare case they may take even 4 months. she can apply for ssn and get the number assigned to her by calling the customer service or going personnally. you can use that number in payroll processing. its even better if you could go in person and get somekind of letter that she already applied for ssn and if possible have them note the number assigned to her.
3. get paid by corporate check or even cash. once she gets the ssn then her employer can run the payroll for the entire period from start and deduct the cash/check amount from the NET amount.