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H4 To H1b Change Of Status Approved But Employer Delaying Start Date

Discussion in 'Nonimmigrant Visa Applications' started by Sebast, Nov 20, 2014.

  1. Sebast

    Sebast New Member

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    Hi,

    I am returning back to my previous employer after a period of extended maternity leave, they applied for a change of status from H4 to H1B with a start date of 11/17/2014.
    They received an approval notification by email on 11/19/2014, approving my H1B starting 11/17/2014. However, they will not let me start employment until the first week of December 2014, since they have not received the approval notice by mail.

    During this period of 2 weeks, I will be on H1B status without pay, which I believe is illegal and could jeopardize my green card application. I understand they need to wait for the approval notice in the mail, but at the same time I do not want to be out of status. Can you please advise me what to do in this situation?

    Thank you very much in advance.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They have to put you back within 30 days of the petition start date.
     
  3. Sebast

    Sebast New Member

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    Thank you, Ron.

    They intend to give me a start date 2 weeks after the H1B start date on the approval form. So, they are not planning to move me back to H4. The reason for this delay of 2 weeks is that they are waiting for the hard copy of the approval. Is this 2 weeks period of unemployment acceptable, due to this reason?

    Thank you, again for the help.
     

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