Can I delay start of my H1 visa?

[aparnahari]

Hi all,

I plan to apply for H1 this year.
My H4 was valid till March 2009. I applied for its renewal in December 2008. I expect it to be approved soon.

In this case, if my H1 gets approved this year,
- Can I delay the start of my H1? Instead of Oct 2009, can I request for the start of my H1 visa to be February 2010? And till February 2010, can I automatically continue on H4?

And meanwhile, visit India in January/Feb 2010 and get my H4 stamped and return to the US on a H4? And then start H1 visa after I get back into the US?

Please let me know if any part needs to be clearer.

Any help appreciated.
Thanks!
-- Aparna

[chanduv23]

Originally Posted by aparnahari

Hi all,

I plan to apply for H1 this year.
My H4 was valid till March 2009. I applied for its renewal in December 2008. I expect it to be approved soon.

In this case, if my H1 gets approved this year,
- Can I delay the start of my H1? Instead of Oct 2009, can I request for the start of my H1 visa to be February 2010? And till February 2010, can I automatically continue on H4?

And meanwhile, visit India in January/Feb 2010 and get my H4 stamped and return to the US on a H4? And then start H1 visa after I get back into the US?

Please let me know if any part needs to be clearer.

Any help appreciated.
Thanks!
-- Aparna

Ask an Attorney. It is more appropriate to ask an Attorney than rely on forum

[number30]

Originally Posted by aparnahari

Hi all,

I plan to apply for H1 this year.
My H4 was valid till March 2009. I applied for its renewal in December 2008. I expect it to be approved soon.

In this case, if my H1 gets approved this year,
- Can I delay the start of my H1? Instead of Oct 2009, can I request for the start of my H1 visa to be February 2010? And till February 2010, can I automatically continue on H4?

You can ask for the later start date on the H1B. You LCA can have an earlier start date
http://www.murthy.com/news/n_timh1b.html

And meanwhile, visit India in January/Feb 2010 and get my H4 stamped and return to the US on a H4? And then start H1 visa after I get back into the US?

You cannot do that Once you go India you have come with new H1 stamping.
Please let me know if any part needs to be clearer.

Any help appreciated.
Thanks!
-- Aparna

---------------------------------

[aparnahari]

Thanks for the replies.

So, if I do not travel out of the country at all, and my H1 starts at a later date, say February 2010, then do I have to get paid from October 2009 to Feb 2010?

Thanks again!

[kondur_007]

Originally Posted by aparnahari

Hi all,

I plan to apply for H1 this year.
My H4 was valid till March 2009. I applied for its renewal in December 2008. I expect it to be approved soon.

In this case, if my H1 gets approved this year,
- Can I delay the start of my H1? Instead of Oct 2009, can I request for the start of my H1 visa to be February 2010? And till February 2010, can I automatically continue on H4?

And meanwhile, visit India in January/Feb 2010 and get my H4 stamped and return to the US on a H4? And then start H1 visa after I get back into the US?

Please let me know if any part needs to be clearer.

Any help appreciated.
Thanks!
-- Aparna

Yes, you can absolutely do that. And I believe you SHOULD do that. This is how you should do it:

When you apply for H visa (for the quota for the next fiscal year), apply for H1 WITHOUT change of status. (only H1 petion, no COS request)
That way, H1 will be approved from October 2009, but you will still be on H4 status, then you stay on H4. Your H1 will only kick in WHENEVER you wish. The way you can make your H1 kick in (say in february or march of 2010) is by one of the two ways:
1. Go outside US and come back with H1 stamp and enter with that at POE with new I 94.
2. Apply for Change of status from H4 to H1 (however, you can not start working till COS comes through but it can be premiumed).

Good Luck and let me know if you have any follow up questions.