Amending H-1B

[Krdaya]

Hi all,

I accepted a job offer from a U.S. employer after graduation in September 2012 (I am in U.S. now). They applied for H-1B and my status changed to H-1B On October 1st, but I haven’t been able to commence working because of some license issues. The employer hasn’t put me on the payroll, but I am not going to complain, because I am afraid they rescind the job offer.

I am running into immigration problems, because I am out of status since October 1st, 2012. Is it possible to amend H-1B so the effective date of H-1B changes to, say, February 1st, 2013? By then, the license has been issued and I will be able to commence working.

Your thoughts are much appreciated.

[imirza]

Firstly, how can you be out of status if your H1B was approved on Oct 1, 2012?
Secondly, your employer owes you 3 months of pay (Oct-Dec). It does not matter if they have work for you or not. If you are on H1B then you should get paid.

I suggest you consult a lawyer. It wont cost you much (maybe $100-$150).

No one can move the effective date of the H1B except the US Govt.