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Huaren
等级上士
威望1
贴子1351
魅力2490
注册时间2004-06-21

mkgirl

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[求助] question about H1B

883

3

2005-08-15 14:35:00

I have a friend from India and he has a question about his H1B

status. His original message is as below. If anyone has an

idea, your suggestion will be appreciated.



I am currently a student in US, and my H1B has been approved with a 
start date of July 19. But I cannot join the company till November, because
the company needs to get an export license for me. So, I am no longer on
F1. How do I maintain my H1B status till then ? Can I stay in US till
Novemeber?
Huaren
等级贵宾大校
威望51
贴子4700
魅力6159
注册时间2002-12-17

cerium

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2005-08-16 20:59:00

I guess this one is hard. Still don't know why he can't join the company early. Looks like this is the only solution.
Huaren
等级大校
威望15
贴子12116
魅力18640
注册时间2005-06-17

idoido

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2005-08-17 23:37:00

so complicatedmaybe he needs to consult a lawyer
Huaren
等级列兵
威望--
贴子30
魅力108
注册时间2005-05-15

leonz

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2005-08-28 01:41:00

Theoretically, if any content of employment changes, you will have to file a new H-1B petition. The change of employment commencement date is the case. Of course in this situation, you will be no longer subject to the numerical limitation.


But practically, you don't need to do so. You can stay in the US in the original H-1B status, as long as you don't travel abroad before your actual employment starting date. Otherwise, you would be required to submit your most recent paycheck for visa application when you want to return to the US.


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