Delay in travel after Stamping

[akp1980]

Hi,

I am an employee of a multinational company and currently reside in Japan. My H1B was approved on July 2018 End and Stamped in August 2018 End. The i797 also shows 6/27/2018 – 6/14/2021 and the stamped visa is also till June 2021. However due to some personal reasons I need to delay my travel and joining to USA to approximately around 1st April 2019.

The actual team is the US company which I will join is ok with this delay but the HR has responded as follows

"You might be rejected to enter to US at an entry port because you have been benched and CBP decided NO ACTUAL POSITION in US that we filed.
In addition, <US Company> might be audited by USCIS when CBP reports this rejection for benching – false filing.　We would not have any appropriate reason for this delay if USCIS – CBP asks me.
Please be aware you and <US Company> would face a major risk if you delay to April 2019. This is much delayed from what we filed at USCIS."

I want to have your consultation if this risk is actually real and what are the mitigations/ways to handle this risk if its really a risk.

FYI: Previously I had travelled 10 months after the H1B was approved and it was no issue.

Regards

[gouthamsworld]

As long as US Company has a job offer for you when you arrive you should be good. But looks like based on what HR you may not have a job then.