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H1B delay employment start date because of Export License

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  • H1B delay employment start date because of Export License


    I got hired recently, and the employer got H1B visa for me.
    I came to US by F1 visa, and still I am studying.
    They have requested change of status from F1 to H1B for me starting Oct 1.
    But they have delayed my start date, because they need to get Deemed Export License for me.
    So from Oct 1 my visa has been changed to H1B, but still I have not started working.
    They say that they probably will get the License in October and I can start.
    I want to know, is it fine that I am on H1B and still not working?
    As a side note, I am still not graduated and I will be graduated next year.
    So I guess it is possible for me to go back to F1 and wait until they get the Export License.
    Do you think this is required or this delay is ok?


  • #2
    If your COS to H1B is efefctive from Oct 1st, then you are currently out of status on H1B. When you are in H1B status, you should work and get paid to maintain the H1B status. Being out of status will cause issues with future immigration petitions and visa stampings. The employer is suppose to pay you irrespective of whether they can provide you work or not, until the time they send the H1B revokation letter to USCIS.

    If you are still studying full time, then you can leave the country and re-enter back in F1 visa which will put you back on F1 status. Later when you want to work for the H1B sponsor, they either have to file an H1B amendment to chage your status back to H1B or you should leave the country and return back in H1B visa.
    Not a legal advice. Use of this information is strictly at your own risk.