Amending H-1B

[krdaya]

I accepted a job offer from a U.S. employer after graduation in September 2012( I am in U.S. now). They applied for H-1B and my status changed to H-1B On October 1^st, but I haven’t been able to commence working because of some license issues. The employer hasn’t put me on the payroll, but I am not going to complain, because I am afraid they rescind the job offer.

I am running into immigration problems, because I am out of status since October 1^st, 2012. Is it possible to amend H-1B so the effective date of H-1B changes to, say, February 1^st, 2013? By then, the license has been issued and I will be able to commence working.

Your thoughts are much appreciated.

[wiweq]

"The employer hasn’t put me on the payroll, but I am not going to complain, because I am afraid they rescind the job offer."

=> You don't complain, you are considered partner in illegal activity. You know very well that being out of pay in H1b status is illegal. Second, if you complain, your employer can't terminate you as retaliation in not allowed in USA. The only option you have is to file WH4 at your state's DOL site and look for better employer. Still in doubt, hire an attroney and get legal advice.

[pontevecchio]

What licensing? Secondly did you talk to HR? Lack of licensing is not an excuse for not putting you on their payroll at least after December,1. You should bring this up with HR and consider talking to a Lawyer and then leaving and coming back with the H1 visa after the License is issued.