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When job can start on H1B
- Thread starter rjo1
- Start date
Q171 I already have a valid H1B VISA stamped on my passport. The employer is based in San Mateo California, the validity of my VISA is up to Nov 2003. Problem is they cannot invite me to the U.S. yet - meaning there's no job for me as of the moment. Can I go to the U.S. on my own using my H1B. I have some relatives there in California where I can stay. My plan is to look for another employer there and as I understand I need a new H1 VISA for the new employer. Will U.S. immigration allow me to enter with my H1 VISA? Are there any problem with this?
A171 If you enter USA, you must be placed on the employer's pay roll within 30 days or you will be out of status.
A171 If you enter USA, you must be placed on the employer's pay roll within 30 days or you will be out of status.
Wrong example
mgh, that faq post is talking about requirement of paystub before doing a H1 transfer.
rj01 talks about somebody coming into US for the first time and start work after a month or so. As long the h1 holder does not advertise that he is not taking up the job immediately, enters after validity date and enters through a logical POE (related to the company's city/town) or has tickets to prove that the final destination is company's city/town, your friend should not face any problem.
mgh, that faq post is talking about requirement of paystub before doing a H1 transfer.
rj01 talks about somebody coming into US for the first time and start work after a month or so. As long the h1 holder does not advertise that he is not taking up the job immediately, enters after validity date and enters through a logical POE (related to the company's city/town) or has tickets to prove that the final destination is company's city/town, your friend should not face any problem.
True. But isnt it the case that a persons H-1 status in the U.S is based on the person being on the sponsoring company's payroll, and by not being in the payroll for any period of time this person is not on status ( not counting valid leaves of absence)
Isnt this example the same as somebody getting laid off or not getting paid is technically violating H-1 status. Although the INS may not care unless they file for some other immigration benefit such as I-140, H-1 extension etc., is it worth the risk, since the person is on H-1 status the day he enters the U.S.
Isnt this example the same as somebody getting laid off or not getting paid is technically violating H-1 status. Although the INS may not care unless they file for some other immigration benefit such as I-140, H-1 extension etc., is it worth the risk, since the person is on H-1 status the day he enters the U.S.