Is it possible to file H1 with start date > approval date?

A

atlantabhopali

Registered Users (C)
Hi Gurus!

Am positing this here for a friend, as didn't get any responses in H forum. May be one of you veterans can advise:

My friend is currently working on F1 OPT (EAD), and has an employer that is willing to hire him but with a start date of Feb 2004. However, my friend is concerned that by that time, the H1 quota may run out.

1. Can the employer file for an H1 now, and get approval, but have a start date of Feb 2004? I understand that the employer needs to start paying salary to employee immediately after H1 approval - is that correct?

2. What would be my friend's status between the time H1 is approved and he joins the job? Say the H1 is filed now, and gets approved by Dec 15th. Then, between Dec 15th and Feb 2004, can he still keep using his OPT EAD to work elsewhere?

3. Also, if he finds another job between now and Feb 2004, would he be able to transfer that H1 to the new job or would he have to apply for a new H1?

Appreciate your inputs.

Regards,

-ab
 
You can file an H1 where the start date can be 6 months in the future than the application date.

I was on OPT and didn't want to loose that OPT time, so my comapny's lawyer filled my H1 in November, but put the start date in April. I remember that he had told me that one can have upto 6 month future date for the date of filling.

This was the case back in 2000-2001, i don't know if the laws has changed since then or not
 
guju,

Thanks for your response. I got similar info from Rajiv's FAQ section also.

However, I am still not clear abt job change before h1 start date. Say one is working on EAD, with an approved H1 of start date 4 months from today. Then, if one gets another job tomorrow and wants to change, does he/she have to file a new H1 or can the approved h1 be transferred?

I am asking this as h1s would probably run out this year before apr/may kicks in.

regards,

-ab
 
I see what you mean, and I am sorry to say that I have no idea how that affects if you change your job and want to do an H1 transfer before the actual H1 start date.

I hope someone else is able to help you with that.
 
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