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Say H1B (COS from H4) is approved on Jan4, how many days can i wait before I join the job?

Union City, CA |

I know my immigration status changes to H1B on Jan 4 itself. Say I decide not to join job, within what time frame do I need to file COS to H4?

Attorney Answers 4


  1. You should know your start date for H-1B employment, as it is stated in your company's petition. Without the company's permission for a reasonable delay in reporting to work, you are in danger of violating your visa status.


  2. You should start working on the date stated in the H-1B petition.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. I agree with my colleagues.


  4. You should join the company to maintain status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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