Immigration Issues/commencement of employment
I have a question about the day of commencement of employment for an H1B employee because every immigration website talks about employers wage liability that begins when the worker enters in to the employment. When is worker considered to have entered in to employment:
1. The day H1B status takes effect (usually Oct 01)?
2. The day worker is put on payroll?
Because there are situations when employers do not put their employees on payroll till they find an assignment, does it mean the employer-employee relationship does not exist in these situations?
If the employer filed the H1B with a change of status, the H1B status starts on the date specified in the H1B approval. There is a period 30/60 day for joining the company. The situation you are talking about (being on the bench) waiting for assignment is not permitted in the regulations for H1B.