H1-B approved, still residing in home home country!

[VMEKALA]

Hello,

I recently got my H1-B visa approved ( first time) but planning to stay back for another 3 months for family reasons. My employer said that the company has to pay taxes after 60 days period (on visa approval date) for each and every consultant. Is this true or can I stay 3 months before I come to USA?

I searched in different forums but could not find  any information on this 60 day period. Please help me here!~

 

Regards,

VM

[jairichi]

 

Hello,

 

I recently got my H1-B visa approved ( first time) but planning to stay back for another 3 months for family reasons. My employer said that the company has to pay taxes after 60 days period (on visa approval date) for each and every consultant. Is this true or can I stay 3 months before I come to USA?

 

I searched in different forums but could not find  any information on this 60 day period. Please help me here!~

 

 

Regards,

 

VM

 

No. You are fine to join anytime.

[rahul412]

 My employer said that the company has to pay taxes after 60 days period (on visa approval date) for each and every consultant. Is this true or can I stay 3 months before I come to USA?

That's not true. Your employer showed his true colors before you started reporting to the job.

[hightech]

You are fine can join any time or transfer to any one.

 

Make sure whether you are going to join right employer or not.

 

He started lying can be cheat any time.

[t75]

Your employer needs you in the timeframe he specified; he should revoke your petition and you may be liable for damages if you do not appear.

[Ashok_daggula]

I filed  H1B  petition in 2006, but got 221(g) in checnnai. Can i apply with the same petition in this year.  Sorry, if didnt convay my question correctly.

[jairichi]

I filed  H1B  petition in 2006, but got 221(g) in checnnai. Can i apply with the same petition in this year.  Sorry, if didnt convay my question correctly.

Was it refusal or administrative processing? What is the latest status of 221(g)?

[rahul412]

I filed  H1B  petition in 2006, but got 221(g) in checnnai. Can i apply with the same petition in this year.  Sorry, if didnt convay my question correctly.

It's been 8 yrs, what happened to that petition after 221g??

[Ashok_daggula]

Was it refusal or administrative processing? What is the latest status of 221(g)?

Your visa was refused today Under section 221(g).

In accordance with united states, action on your case has been suspended, and the I-129 petition will be returned to USCIS.

 

This is in my refusal form given on interview day.

[Ashok_daggula]

It's been 8 yrs, what happened to that petition after 221g??

Actually i didn't know that i can move my application again, One guy in my company  got  H1B,  which was refused in 2008. then i got to know if u got 221(g) also u can still proceed.  But don't know where to start.

[jairichi]

Your visa was refused today Under section 221(g).

In accordance with united states, action on your case has been suspended, and the I-129 petition will be returned to USCIS.

 

This is in my refusal form given on interview day.

Employer has to file a cap exempt H1B petition and on approval you can travel with a valid H1B visa and new I797 to US.

[JoeF]

 

Hello,

 

I recently got my H1-B visa approved ( first time) but planning to stay back for another 3 months for family reasons. My employer said that the company has to pay taxes after 60 days period (on visa approval date) for each and every consultant. Is this true or can I stay 3 months before I come to USA?

 

I searched in different forums but could not find  any information on this 60 day period. Please help me here!~

 

 

Regards,

 

VM

 

 

The employer seems to be a bit confused.

There is a 30/60 day period after which an employer has to pay the person on H1.

But that applies only if the person is in the US.

This is in the law, 20 CFR 655.731:

"(6) Subject to the standards specified in paragraph ©(7) of this section (regarding nonproductive status), an H-1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant “enters into employment” with the employer.

    (i) For purposes of this paragraph ©(6), the H-1B nonimmigrant is considered to “enter into employment” when he/she first makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter.

    (ii) Even if the H-1B nonimmigrant has not yet “entered into employment” with the employer (as described in paragraph ©(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination."

 

The employer should consult with a good immigration lawyer. They are obviously not knowledgeable about this.

[Ashok_daggula]

My H1B petition approved in 2004, i attended visa in 2006 in chennai (issues 221(g)), i am planning for new H1b now,  can i use my Old (2004) H1b approval for quota exception. 

 

To be precisely how many years can we use Old H1b application.

[Ashok_daggula]

Employer has to file a cap exempt H1B petition and on approval you can travel with a valid H1B visa and new I797 to US.

My H1B petition approved in 2004, i attended visa in 2006 in chennai (issues 221(g)), i am planning for new H1b now,  can i use my Old (2004) H1b approval for quota exception. 

 

To be precisely how many years can we use Old H1b application.

[jairichi]

My H1B petition approved in 2004, i attended visa in 2006 in chennai (issues 221(g)), i am planning for new H1b now,  can i use my Old (2004) H1b approval for quota exception. 

 

To be precisely how many years can we use Old H1b application.

If you have not utilized the full 6 years on H1B then the petition can be used to file a cap exempt H1B petition by any employer.