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Immigration Issues/When should I enter US ?

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Question
Hi,

I've agreed w/ a company (not a 3rd party consultant company btw), to apply for an H1B visa. I'm currently living outside of US. We want to apply for a visa at Apr 1st 2012, since we don't want to risk a cap limit. But the problem is, I don't want to enter US before Feb 1st 2013. The company is OK w/ that, but we should indicate the start date as Oct 1st 2012, if we want to apply for the visa at Apr 1st 2012. We can't indicate start date as Feb 1st 2013, since there is a max. limit of 6 months one can apply before the start date. That would mean, we'd have to wait until Aug 1st 2012 to apply for the visa.

So the question is, even if the start date is Oct 1st 2012, can I enter USA at Feb 1st 2013 and start working by that time ? Will it cause any problems ? Does the company have to pay me anything between Oct 1st 2012 and Feb 1st 2013 ?

Thank you

Answer
Dear Huseyin:
I think the law is to have a start date not earlier than 6 months. And, once H1B is approved you may start working any time - reasonable time - within the H1B validity period; if the joining time is longer than reasonable, you may give valid and genuine explanations, if required.  

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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