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help required H4 to h1b change

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  • help required H4 to h1b change

    HI GUYS,

    I got an approved H-1B petition effective from October 2015. Due to some personal reasons I don't want to start working in October. I want to work by DEc 2015. I'm currently in the US on H-4 visa.
    What can be done?

    my employer is ok telling he wont run payroll.....will there be any issues?

  • #2
    If your H1B is effective from October 1st 2015, then you are current out of status on H1B if you are not working. You should leave the country immediately and return back in H4 visa to get back to H4 status. Later when you are ready to work, your employer will need to file a COS from H4 to H1B or you should leave the country and return back in H1B visa to begin working.
    Not a legal advice. Use of this information is strictly at your own risk.

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