Number of days one can wait before joining job

[0407]

Hi,

If someone is in US on H4, and H1 gets approved with COS, how many days

can he/she wait before joining the employer?

[pontevecchio]

One can have up to 60 days to report for work and presumably is able to explain the delay. The question is a tad naughty as presumably you are in touch with the employer regarding the matter as in any case he can revoke your H1 at any time if he chooses.

[0407]

One can have up to 60 days to report for work and presumably is able to explain the delay. The question is a tad naughty as presumably you are in touch with the employer regarding the matter as in any case he can revoke your H1 at any time if he chooses.

If one chooses not to join job, by what time does he need to apply for COS back to H4?

[pontevecchio]

In such a case one needs to have a Lawyer file the COS after having discussed his situation with the lawyer.

[0407]

Thanks ponteveccino.

I filed for I-539 within a month of H1B approval. Same was approved within 4 weeks.

[Attorney_25]

60 days is LCA rule for employer to start employing, and is subject to certain conditions which may require employing earlier or allow employing later. If person with H-1B COS approval does not make himself available for hire immediately, he is technically out of status. USCIS may forgive a very short time out of status in changing back to H-4.

[0407]

Attoney25, In above scenario, where employee didn't join the employer after approval of H4 to H1B cos,

(and converted back to H4 after H1B cos approval), is he still cap counted and transfer the H1B?