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Employer pays for housing before H1B becomes effective

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  • Employer pays for housing before H1B becomes effective

    This is a made-up case but I guess it may help me in the future.

    Let's say I do not have a job right now (i.e. not authorized to work in the US). An employer wanted to hire me and filed H1B application for me. Before the H1B is approved or becomes effective in October, I can't work for them and they cannot pay me. However, can this employer pay housing (or other expenses like child day care fees) for me by sending their checks to landlord/day care center directly before October? Will this be considered my "active income" and therefore illegal?
    Last edited by cocreateguid; 04-25-2012, 03:19 PM.

  • #2
    It is purely illegal. Any kind of employment and any kind of monetary benefits out of it is considered illegal unless USCIS approves it. Meaning, even if you have an approved H1B petition, you cannot work and get paid (by any means) until the status actually changes to H1B (Oct 1st).

    Originally posted by cocreateguid View Post
    This is a made-up case but I guess it may help me in the future.

    Let's say I do not have a job right now (i.e. not authorized to work in the US). An employer wanted to hire me and filed H1B application for me. Before the H1B is approved or becomes effective in October, I can't work for them and they cannot pay me. However, can this employer pay housing (or other expenses like child day care fees) for me by sending their checks to landlord/day care center directly before October? Will this be considered my "active income" and therefore illegal?
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Cool, that was my guess. Thanks for your answer!

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