H1 Stamping before joining, F1 to H1 COS Approved

[atrangi4u]

I was previously on an H1B visa (2.5 years) and then I switched to F1 for an MBA. I previously have a MS and hence don't have an OPT.

I found an employer and the lawyers filed for a COS to H1B. The COS was approved with a start date of Jun 1st. My joining date is in August and I plan to go back to India for H1B stamping.

A) What is my status starting Jun 1st (F1 Expires) - August, if I don't go to India?
B) I will not be on payroll till Aug. Will that be a problem if I am in the US the entire duration (Jun - Aug)?
C) I won't have paystubs till August, will this be a problem for H1B stamping?

Thank you for all your help.

Regards,

[atrangi4u]

H1 Stamping before joining, F1 to H1 COS Approved

Can someone please help me with these questions? Thanks in advance.

[raghvi]

I was previously on an H1B visa (2.5 years) and then I switched to F1 for an MBA. I previously have a MS and hence don't have an OPT.

I found an employer and the lawyers filed for a COS to H1B. The COS was approved with a start date of Jun 1st. My joining date is in August and I plan to go back to India for H1B stamping.

A) What is my status starting Jun 1st (F1 Expires) - August, if I don't go to India?
B) I will not be on payroll till Aug. Will that be a problem if I am in the US the entire duration (Jun - Aug)?
C) I won't have paystubs till August, will this be a problem for H1B stamping?

Thank you for all your help.

Regards,

1. As your COS was applied and approved effective 01-June 2015, you would be on H1 from 01-June-2015.
2. Yes, you would be out of status without payroll.
3. Probably, as without payroll you are out of status.

You should probably leave before 01-June-2015 and return with H1 stamped visa from August onwards.

This is my opinion not legal advice.