Change of H-1B Effective Date

[Krdaya]

Hello,

My status changed from F1/OPT to H-1B on October-1, 2011, but I haven't been able to start work becuase of the security clearnace process. If I do not start work in 60 days from the effective date of the status change, I will become out of status. I want to know how my employer can delay the effective date of H-1B to January-1, 2012? Is amending H-1B an option?

Many thanks in advance,
Kathir

[kabkaba]

If the H1 petition was filed with change of status and there is an I-94 at the bottom of approval notice, you are already in H1 status from Oct 1 and since you are not working you are out-of-status. There is no 60 day limit.
If this is a typical IT consulting type position and you are waiting for security clearance from your employer's client, then note that it does not matter. You have to work and get paid from your employer. Clients or projects do not matter.

[Krdaya]

Benching

Thanks for your comments. What about benching? I was told that the obligation to put an H-1B employee on payroll begins no later than 30 days after admission into the United States if entering on the approved H-1B visa, or if already in the United States and granted a change-of-status, 60 days after the date a worker becomes eligible to work for the employer.
If it's true, I will be out of status if I do not start work by the end of November, and not earlier than that.
Any thoughts?

[shervin143]

None of that is true. You need to be working and getting paid from day 1 one of H1B effective date. There is no such thing as "bench" when you are in H1B. The period of stay in H1B status without proper pay slips (as per the approved LCA) is considered as out of status period.

Thanks for your comments. What about benching? I was told that the obligation to put an H-1B employee on payroll begins no later than 30 days after admission into the United States if entering on the approved H-1B visa, or if already in the United States and granted a change-of-status, 60 days after the date a worker becomes eligible to work for the employer.
If it's true, I will be out of status if I do not start work by the end of November, and not earlier than that.
Any thoughts?

[kabkaba]

Find a better employer. There is no benching on H1B. The employer must pay you as per the LCA all the time. You can claim unpaid wages by complaining to DOL on WH4.