H1-B starting validity date 10/01/08

[miderjan]

I have an approved H1-B petition which states 10/01/08 as starting validity date. I am supposedly required by my petitioner Baltimore city Public school system to be in Baltimore for New Teacher Trainings(other teacher hires were issued 07/01/08 as their starting validitity dates)and Employment processing in July. For 2008-2009 school year starts in September a month before my H1-B takes effect can I be processed into the school system before the effectivity date of my H1-B. will I be able to get my SS number a month before the validity date.

[txh1b]

Are you currently in the US on some status? H1b cannot start before Oct 1st and you will be allowed to enter 10 days before the petition start date but will not be eligible to do ANY work until Oct 1st. SSA will accept SSN application based on your I-94. So you could possibly apply for SSN immediately upon entry but the I-94 DB gets updated a week later or so.

If in US, SSA will accept the application only on Oct 1st or later as the COS kicks in on that date.

[miderjan]

re: h1-B starting validity date

Thanks for the immediate response. In answer to your query I am currently outside the US and holding a valid B1-B2 visa. What i am really ust concerned about is being processed for employment before the validity date of my H1-Band getting an ssN. also if I can use my B1-B2 visa to travel even if I get my h1-B stamped. will I have problems at POE:

[C4us]

The schools should be cap exempt and have an earlier start date possible. Talk to the personnel office about the date; it appears there may have been an error. With this much time before school, you may be able to get it corrected. You may have to exit and get stamping but their lawyer can work that all out.

[miderjan]

what happens to my B1 visa if I get H1-B visa stamping

please advise what will happen to my valid B1-B2 visa when I get my H1-B VISA STAMPED DOES IT GET CANCELLED

[txh1b]

One is allowed to have B1/B2 and H1b stamps at the same time. But B1/B2 should not be used for the purpose of employment nor with the idea of COS to H1b at the point of entry. COS from B1/B2 to H1b can be applied only after 90 days of entry (rule of thumb) and you cannot work until the COS is approved.

Like someone suggested, schools that are affliated to Universities or research institutes could be classificed as cap exempt. Check if your school is.

[miderjan]

H1-B cap exempt

Thanks again. In response to your question yes Baltimore Public School is cap exempt and I was told by my lawyer that clearly my validity date is USCIS ERROR but correcting would take 2-3 months. Is there anything that can be done at the consulate level during H1-B stamping? Would it be wise to leave using my B1-B2 visa and apply for stamping when I get to Baltimore

[novice2007]

Take heart...

Hi friend,

I was in the exact position as you are now, a year ago.

My lawyer suggested me to approach the school system and ask their permission to join duty from Sept.23, which is allowed for a person with Oct.01 H1B start date.

I entered the US from India on Sept.23 and joined duty on 24th.

But this would mean the generosity and understanding of the county school authorities. I was lucky because I had already served the school system for 3 years on J1. And my J1 expired in July 2007. The best advise I got was to go back to India and enjoy a looooong vacation.

It's only my suggestion. Why not try?

[txh1b]

No other options other than getting it corrected from USCIS. Working without a I797 valid will create problems for you. You should not be doing that.