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How many days after my Visa stamp in Passport I must be in the USA?

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  • How many days after my Visa stamp in Passport I must be in the USA?

    I am from India, I got H1B visa in the February month (i.e. on 02/07/2013) to work in the USA. I have indicated my intended date of arrival as 03/08/2013 (8th March 2013) in the DS-160 form. But due to some unforeseen reasons I could not able to make it as I mentioned. Now I am proposing to plan my travel in the 3rd week of April'2013. Some of my friends told me like I should be in USA to work within a two months from the date of H1B visa stamp in the passport, and even though if I am not there My employer has to pay the taxes to federal government. Is it true.

    My underlined important question is, is there any constraint like one should be there in USA within the stipulated time period from the date of H1B visa stamp. Please help me in this regard. Any help would be appreciated.


    Regards
    Sirish

  • #2
    Originally posted by sirishach435 View Post
    I am from India, I got H1B visa in the February month (i.e. on 02/07/2013) to work in the USA. I have indicated my intended date of arrival as 03/08/2013 (8th March 2013) in the DS-160 form. But due to some unforeseen reasons I could not able to make it as I mentioned. Now I am proposing to plan my travel in the 3rd week of April'2013. Some of my friends told me like I should be in USA to work within a two months from the date of H1B visa stamp in the passport, and even though if I am not there My employer has to pay the taxes to federal government. Is it true.

    My underlined important question is, is there any constraint like one should be there in USA within the stipulated time period from the date of H1B visa stamp. Please help me in this regard. Any help would be appreciated.


    Regards
    Sirish
    Hi,

    I am not sure if i can fully answer your question.

    On the arrival in US from the stamp date part, i believe that H1B people cannot start working before October of the year they are given the visa in. E.g.: Someone issued H1B visa on April 13, 2013 will actually be starting work in October 2013.

    Please do consult an immigration attorney and then decide.

    Good luck.

    -Natalie
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Originally posted by sirishach435 View Post
      I am from India, I got H1B visa in the February month (i.e. on 02/07/2013) to work in the USA. I have indicated my intended date of arrival as 03/08/2013 (8th March 2013) in the DS-160 form. But due to some unforeseen reasons I could not able to make it as I mentioned. Now I am proposing to plan my travel in the 3rd week of April'2013. Some of my friends told me like I should be in USA to work within a two months from the date of H1B visa stamp in the passport, and even though if I am not there My employer has to pay the taxes to federal government. Is it true.

      My underlined important question is, is there any constraint like one should be there in USA within the stipulated time period from the date of H1B visa stamp. Please help me in this regard. Any help would be appreciated.


      Regards
      Sirish
      None of this is true.
      This is my opinion. Not a legal advice

      Comment


      • #4
        One can only enter before the Visa expires. If there is a big gap between petition start date and actual travel date, you may need to get supporting evidence from your employer that the job still exists and is waiting for you. (Employer letter and client letter if applicable).
        This is my opinion and not legal advice.

        Comment

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