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delayed start of H1B visa- plzz help

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  • delayed start of H1B visa- plzz help

    I am in a very difficult situation. I was on H4 visa and got my status changed to H1B visa. I am in India to stamp H1B visa which starts on Oct 1 2009 (as of now H4 visas are cancelled on my passport bcoz new H1B is stamped). But the company is running out of work and want to delay the start date from oct 1 to dec 1, 2009 or Jan 1, 2010.

    1. Can I still travel on oct 1?
    2. Can I get my H4 visa restamped and travel on oct 1. In this case is my H1B approval still valid?
    3. If I request my company to start me from oct 1 and then terminate me in few weeks and I change my status to H4 visa. Can I reapply for H1B status in dec 2009/ jan 2010 or do I need to wait for next year's quota to open in april?

    Thank you very much in advance. Please reply fast.

  • #2
    1. No
    2. Yes, the approval will be valid as long as company does not revoke it. The VO may ask what happened to the H1b and you can mention that the project is delayed. They may cancel the visa.
    3. You need to get paid and have the H4 COS filed after entry along with your paystub for a COS to be approved. Once you are approved, you are no longer subject to quota. Read the FAQs.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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