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Immigration Issues/commencement of employment

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Question
hello Mark
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)?
OR
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?

Thanks
Madhukar


Answer
Madhukar,
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.  
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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