Does H1B visa holder must start working in October first or he can star working 3 months later after October 1st?

I'm here in the US with F1 visa, i got a job offer and my employer is willing to apply for H1B for me, i understand that if my H1B went through i can start working in October 1st, 2014 but i might finish school in the end of December, 2014 and i don't want to start work while i'm studying. I would rather start working after i'm done with school. My question is: If my H1B went through, can i start working in December, 2014 or January, 2015? or i will Have to start working in October 1st? Will this have any negative effect if i started working in December or January? Thank you.

Jersey City, NJ -

Attorney Answers (2)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Ajay gave you a good answer. I would agree completely. That is if the employer has a lawyer and not relying on HR people who will tell him or her that you can just start working, no worries.

The information contained in this answer is provided for informational purposes only, and should not be construed... more
Ajay Kumar Arora

Ajay Kumar Arora

Immigration Attorney - New York, NY
Answered

You should make yourself available to provide employment services to your employer starting from the effective employment validity date (probably October 01). If you are not employed within 30 days from that date, you would likely to be considered to be violating your H1B status even though you have noble reasons (to complete your degree).

The employer can consider alternatives such as filing an amended H1B petition to part-time employment at that time, or filing the H1B petition through consular processing so that you are not automatically in H1B status but must take the extra step of obtaining an H1B visa at a U.S. Consulate and then entering the U.S. to activate H1B status. Consult with your current immigration attorney for case specific advice.

The information contained in this answer is provided for informational purposes only, and should not be construed... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.