H4 to H1B. Delay in start date

[NonImmigrant2]

Hi,

I am currently on H4 visa and my H1B visa is approved under 2012 quota with effective date as Oct 1st 2012.

1) Will my H4 expire on Oct 1st 2012 ?

2) My H1B Sponsor company has some delay with my start date. How long am I legally allowed to stay in US with out generating my pay check ?

3) Will the delay in my pay check cause any interference in my husband's Green card processing? which is currently in I140 approval status.

Kindly advise

Non immigrant

[kiran234]

1. Yes your H4 ends on SEP 30th , if your H1B is approved with COS

[metroguy]

1) Yes.

2) Dont worry about couple of weeks or a month. Make sure that have a project and they pay you atleast the amount they mentioned in your H1B /employment letter by the end of the year on your W2, so that it wont be a problem for you in the near future.

3) H1B and green card are separate paths. so dont worry much.

All the best

[abhya77]

Few more follow-up questions.

What if the job offer is withdrawn/not accepted? For how long the H1B will be valid in that case? When can be the H1B transfered if get another job offer?

really appreciate the help!

[vijaya palle]

Hi,

Can some one pls answer my question too..

My H1B is approved this year and I got my I797 with out I94, since I applied it when I was in india.My employer is filing H1B amendment in premium, with new client letter,LCA stuff. Along with this, he is going to request for the change of status and new valid I94.

Do you see any risk with this?are there any cases that my amendment gets approved with out COS approval or COS approval with out sending I94?

Your help is highly appreciated.

Thanks,

Vijaya.