QUESTION
I have an H1B visa valid for a year......I could not join the company on time due to a family emergency...my employer says he can not accept me
Asked on Oct 05th, 2011 on Immigration - Connecticut
More details to this question:
for this year due to the delay but he is willing to give me a position next July.......my question is whether I can enter at the end of the current H1 b visa which is valid till 30 June and apply for extension as he is offering me a position that starts next July?.......He did not cancel the USCIS petition of the current H1 b visa till now.......and whether it is easier to do extension rather than apply for a new visa?
1 ANSWER
If your H-1B expires at the end of June 2012, but your employer does not have work for you in the U.S. until July 2012, it sounds like a new H-1B petition will need to be filed for you.
You should not enter the U.S. in June on current H-1B approval and visa if there is no work for you until July. In addition, the location of employment, work project etc. listed in the current H-1B filing may no longer apply. You may need a new H-1B filing filing to cover the location of employment, work etc. that you will do starting July 2012. Lastly, you may have difficulty gaining entry towards the end of the H-1B approval when it has never been used before. CBP is likely to heavily scrutinize your situation.
You should review your specific facts and timeline with an experienced immigration attorney. It sounds like a new H-1B filing would be required before coming in July, but again you should consider a consultation with an immigration attorney to review your specific facts.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Oct 06th, 2011 at 4:18 PM