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Post H1 Approval - US Entry

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  • Post H1 Approval - US Entry

    Hi All,

    I have a query; thought you can help me.

    As far as I know, Once H1 is stamped, it is valid for six months.

    Is there condition like

    1) Once H1 is stamped, the person has to enter US within so and so period;otherwise H1 becomes valid? If so how much is this period?
    2) Once H1 holder enters US, the person has to start earning by so and so period; otherwise the person has to leave US. If so how much is this period?

    Appreciate if someone can provide inputs for these.

    Thanks
    -Ramki

  • #2
    1) Once H1 is stamped, the person has to enter US within so and so period;otherwise H1 becomes valid? If so how much is this period?
    >>> The person can enter U.S as long as the H1B petition/H1B visa and the passport are valid and the same job remains available.

    2) Once H1 holder enters US, the person has to start earning by so and so period; otherwise the person has to leave US. If so how much is this period?
    >>> Once the person enter U.S in H1B visa, the person should start working for the H1B sponsor and start earning from day 1. Otherwise the period of non pay is considered as out of status period in H1B and it will cause issues later.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Once H1 is stamped, the person has to enter US within so and so period;otherwise H1 becomes valid? If so how much is this period?
      >>> The person can enter U.S as long as the H1B petition/H1B visa and the passport are valid and the same job remains available.

      2) Once H1 holder enters US, the person has to start earning by so and so period; otherwise the person has to leave US. If so how much is this period?
      >>> Once the person enter U.S in H1B visa, the person should start working for the H1B sponsor and start earning from day 1. Otherwise the period of non pay is considered as out of status period in H1B and it will cause issues later.

      Thank You!

      But I see/hear people after going to US on H1 start searching for job. Say if they get the job after two months, what kind of arrangements they make for your second answer below(I mean for the initial two months period)?

      Thanks
      -Ramki

      Comment


      • #4
        What do you meaning by searching for job in H1B? You got an H1B petition approved and visa stamped successfully only because you already had a job waiting for you in U.S. Irrespective of whether the employer provided you work or not, the employer is suppose to pay you. If not, you are considered out of status on H1B and it can cause issues. If the employer did not pay you, then you can complaint to DOL and make them pay to maintain your status. It is because of these kind of employers the USCIS and consulate are very strict these days. Go through the below links



        https://www.immihelp.com/h1b-visa-em...int-procedure/


        Originally posted by adurga View Post
        Thank You!

        But I see/hear people after going to US on H1 start searching for job. Say if they get the job after two months, what kind of arrangements they make for your second answer below(I mean for the initial two months period)?

        Thanks
        -Ramki
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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