Can I delay In starting on H1B Visa using the 30/60 day rule

[dileepk.reddy]

HI All,

I am presently on F1-OPT(valid till DEC 2012) . I applied for H1B visa on 15th May2012 and got it approved on 9th AUG2012 and it starts from 1st OCT 2012.

I wanted to know if I could start my H1B on a later date say 1st NOV 2012 instead of 1st OCT 2012. I heard about the 30/60 Day rule, but not sure if it apply to my case

I appreciate your time and suggestions. Thanks in advance for your answer.

Thanks

Dileep

[AdminP]

Hi Dileepk,

Did you file H1B with Prem Processing or with Regular?

Thanks in adv!

[JoeF]

HI All,

I am presently on F1-OPT(valid till DEC 2012) . I applied for H1B visa on 15th May2012 and got it approved on 9th AUG2012 and it starts from 1st OCT 2012.

I wanted to know if I could start my H1B on a later date say 1st NOV 2012 instead of 1st OCT 2012. I heard about the 30/60 Day rule, but not sure if it apply to my case

You would have to stop working on OPT from Oct. 1 on, since at that point your F1 and OPT with it are invalid.

If you are in the US, you have up to 60 days to report to work for the H1 employer. As soon as you report to work for the employer, you have to get paid.

20 CFR 655.731:

"(ii) Even if the H-1B nonimmigrant has not yet “entered into employment” with the employer (as described in paragraph ©(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination."

[dileepk.reddy]

My H1 was filed in regular process.

Thanks for the answer, it helped me a lot