Can I delay joining after H1B petition approved?

[rakhi1247]

Hi,

I am working for a hospital as a Software Developer with on cap exempt H1B for a year. This year I filed for a cap subject H1B through a private company and got Selected in the lottery. My petition got approved. The start date set by the private company is October 1, 2020. But unfortunately, I won't be able to move to the company to start from October 1. I want to join the company after January, 2021 and they won't withdraw approved petition.

Can I join private company after January 2021?

Thanks in advance.

[gopalakrishnach]

Few weeks delay is normal but 3+ months delay I do not know  whether this is as per USCIS rules. Better talk to a lawyer.

[JoeF]

You have up to 60 days to join the employer. After that the employer has to pay you or revoke the H1 petition.