one of my friend's company sponsored an employee on H1B .the petition approved almost 2 months ago,now the financial situation of employers company is not so good right now and he thinks that he needs at least 2 months to start a payroll for this new employee, but prospective employee is telling him that this is the law that he should start receiving payroll within 2 months of approved petition ,otherwise uscis will cancel that petition.......please help its urgent
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urgent please advice
- Thread starter zanbeel
- Start date
need help h1b visa
one of my friend's company sponsored an employee on H1B .the petition approved almost 2 months ago,now the financial situation of employers company is not so good right now and he thinks that he needs at least 2 months to start a payroll for this new employee, but prospective employee is telling him that this is the law that he should start receiving payroll within 2 months of approved petition ,otherwise uscis will cancel that petition......so basically my question is how long can someone wait to join after approved petition
one of my friend's company sponsored an employee on H1B .the petition approved almost 2 months ago,now the financial situation of employers company is not so good right now and he thinks that he needs at least 2 months to start a payroll for this new employee, but prospective employee is telling him that this is the law that he should start receiving payroll within 2 months of approved petition ,otherwise uscis will cancel that petition......so basically my question is how long can someone wait to join after approved petition
Concerned4us
Banned
Where is he now? Has he received stamping?
Concerned4us
Banned
There is not limit to the time after stamping to enter as long as the pertition and visa are both valid.
There is the problem that his employer has no work for him and your friend knows it. If the IO at the border contacts the employer and this information is given to the IO, your friend will be denied entry. Your friend should report to work and inform the employer that he is responsible for paying him. The employer may - and will likely if he told your friend not to travel - revoke the petition. You friend will then need to return home.
Your friend is foolish - no absolutely stupid - to travel when he knows that his employer is unable to pay him as required.
There is the problem that his employer has no work for him and your friend knows it. If the IO at the border contacts the employer and this information is given to the IO, your friend will be denied entry. Your friend should report to work and inform the employer that he is responsible for paying him. The employer may - and will likely if he told your friend not to travel - revoke the petition. You friend will then need to return home.
Your friend is foolish - no absolutely stupid - to travel when he knows that his employer is unable to pay him as required.