Number of days one can wait before joining job

[0407udnap]

Hi,

If someone is in US on H4, and H1 gets approved with COS, how many days
can he/she wait before joining the employer?

[qesehmk]

0407 - welcome to forum. My understanding is that you can use H1 as per your & employer's convenience. You can use it for 1 day or all 3 years of duration that it be approved for. Of course you can't use it beyond that., However here is the interesting thing. Only the time when you actually use H1 with an employer is considered towards the 6 year limit before you have to leave US for 1 year. Hope this helps.


Hi,

If someone is in US on H4, and H1 gets approved with COS, how many days
can he/she wait before joining the employer?

[Kanmani]

I was told (by a LAW firm) that there is a 180 days limitation as waiting period to join the employer. This is from the labor department side which insists the employer to inform DoL and cancel the LCA if there is no employment occurred as described in the LCA.

There is an exemption to the 180 days period if the employee resides outside of USA.