When can an H1B holder enter & another q?

[barryfaetheus]

My wife recently had her H1B visa approved and stamping was completed successfully. The employer is a software consultancy. They are now telling her that she has a start date of January 15th at which point she should report to the office, complete formalities and be added to the payroll.

I have a couple of questions:

1) How soon prior to the start date can she enter the US? Is it legally acceptable for her to come now, but not be on payroll until Jan 15th? If not, then when? There has to be some tolerance between entry date and start date, surely?

2) I understand that she has to receive the minimum of the LCA wage or prevailing wage. What happens if they decide to pay less, is she out-of-status? I suppose the recourse is to complain to DOL? Does this restore status and allow transfer to another employer?

Thanks!

 

[ginnu]

My wife recently had her H1B visa approved and stamping was completed successfully. The employer is a software consultancy. They are now telling her that she has a start date of January 15th at which point she should report to the office, complete formalities and be added to the payroll.

I have a couple of questions:

1) How soon prior to the start date can she enter the US? Is it legally acceptable for her to come now, but not be on payroll until Jan 15th? If not, then when? There has to be some tolerance between entry date and start date, surely?

2) I understand that she has to receive the minimum of the LCA wage or prevailing wage. What happens if they decide to pay less, is she out-of-status? I suppose the recourse is to complain to DOL? Does this restore status and allow transfer to another employer?

Thanks!

Better to enter on H1 when employer says and employer has job and will be paying. If the employer does not pay one goes out of status. For H1 transfer one needs 2-3 pay stubs and new employer who is ready to file H1. At this time it is not easy to find employer who is ready to file H1 transfer. Many consulting companies don’t have job for H1 holders.

 

[barryfaetheus]

Better to enter on H1 when employer says and employer has job and will be paying. If the employer does not pay one goes out of status. For H1 transfer one needs 2-3 pay stubs and new employer who is ready to file H1. At this time it is not easy to find employer who is ready to file H1 transfer. Many consulting companies don’t have job for H1 holders.

Right, but for practical purposes, some gap will obviously exist. For example, if one enters the US on Monday, it may be Tuesday before they reach the destination of the employer. It maybe Wednesday before the Social Security office is open to establish a number, therefore it maybe Thursday before the employee is on payroll. Technically, is that person out-of-status on Tuesday and Wednesday. If not, how many days can this gap last before that person is out of status.

My opinion (not that I am under any impression that my opinion matters): If the USCIS is going to rigidly enforce rules with no compromise or judgement applied, then they should explicity define what the rules are.

 

[ginnu]

Right, but for practical purposes, some gap will obviously exist. For example, if one enters the US on Monday, it may be Tuesday before they reach the destination of the employer. It maybe Wednesday before the Social Security office is open to establish a number, therefore it maybe Thursday before the employee is on payroll.
Technically, is that person out-of-status on Tuesday and Wednesday.
---NO
If not, how many days can this gap last before that person is out of status.
-----------------------you enter on november 20, apply for SSN, start working on december 1 and now if the employer does not pay after month then you go out of status. one does not start working from second day of entry to US. you can read the H1 law/regulation.


My opinion (not that I am under any impression that my opinion matters): If the USCIS is going to rigidly enforce rules with no compromise or judgement applied, then they should explicity define what the rules are.

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