Different start Date of new H1B

[nvedia]

Hi All

I have a question about the work start date for H1B

My spouse is on H4 and I have found an employer who is applying for her H1B on April 1, 2013

Due to pregnancy reasons, she cannot start working before Feb 1, 2014

I know one solution is if we file the H1B in September(6 months before the start date) , only then she can start working from Feb 1,2014. But H1B cap can get over even in first week of April 1, 2014, so making the prediction/timing first about the h1b cap end date and then trying to file in the last week of it might get risky

Here are few things I thought of

1. She can go on LOP for 5 months. Is this allowed and fine? I do not want employer to bear any expenses if this is possible.

2. if we get RFE for the visa, respond to RFE as late as in the last 2 weeks of respond date so that start date is pushed as far as possible

Please let me know if anyone has any idea if there is a straight forward way(may be amendment at the time of filing ) to have the start date(of work) of Feb 1, 2014?

[nvedia]

Anyone?

[Attorney_25]

An RFE is unlikely to cause sufficient delay in this situation. Generally a person in the US needs to be hired within a short time after the H-1B start date or be considered out of status, but in certain cases taking leave may be appropriate. Since there may be various options it would be best if your wife discussed with an attorney which option would work best for employee and employer.