4 weeks gap between h1b approval and project start date - is this a problem?

[beowulfkid]

My wife changed her status from H4 to H1B (her second time H1B) and approval finally came in the last week of December 2012.. but her project did not get really start until the last day of January due to late start date from her client.

1) What is her status between last week of Dec until the day she started working?

2) Also, the employer did not get the pay check in February as it was only one day that she worked in January. She is about to get paid on 10th of March (February month's pay).

Is not having a pay check in February a problem for future h1b transfers?

I appreciate your responses and thoughts.

Thanks.

[rahul412]

Is not having a pay check in February a problem for future h1b transfers?

On H1 you need to get paid every month.

[rangadu]

When ever you have a COS approval to H1, there is some leeway in how soon or how late you join the company to actually start working, allowing sufficient time for relocation etc.,

That is usually true for a first time H4-H1 COS, because applying for SSN and e-verify takes a few weeks after receiving 797, employees actually start working for the company only after a month or so after approval. Individual cases may be different, discuss your concerns with your attorney who filed the petition. A lot may also depend on the start dates mentioned in the client letter and offer letters while applying for COS.

[Attorney_25]

Time between changing status to H-1B and being hired by the employer would generally be considered time out of status on H-1B. She may be forgiven a short period out of status if she had no control over the situation. The requirements for employer and employee are different, but generally if the H-1B person made herself available as of the start date of the petition but employer's reason for not hiring her was that there was no work for her, the employer is liable for pay from the time the employee made herself available to start work. For confirmation of these items, please consult with a qualified immigration attorney.