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F1 to H1B COS - first time on H1B classification (Immigration Law)

Sun, 04 Oct 2009 01:14:00 GMT
Tags: approved, classification, cos, delay, gabrmy, h1b, immigration, law, project, state, status, time, visa

What is the name of your state (only U.S. law)? GA
My H1B visa got approved for change of status. But there seems to be a delay in the project at the client site for which the petition was originally filed. This delay could be 3 months until Jan 2010. The employer is looking for alternate placement but things are again not sure and he would only run payroll when he finds work for me. I dont think this is wise to sit for more time and have made up my mind to go back home on 30th of this month coz I dont find a good reason to sit on bench without paystub if I dont hear from him in next couple of days. My questions:
1. If I get a new petition filed from home country, will that be subject to cap again, because I would only have approved petition (I-797A) from previous employer but no paystubs.
2. can this 30 days period (oct 01 to Oct 30), raise any red flags while future H1B visa stamping?
3. If I get an employer by 20th October who is ready to file H1B transfer, will it be advisable to request COS or consulate notification taking in to account absence of paystubs?
4. Is it true that when H1B is approved for change of status for the first time, the employer's wage obligation begins on 60th day and that prevents the worker from being Out of Status in this intial time frame, if he/she is not paid?
5. when exactly should the employer put the H1B worker on payroll from the date of eligibility (i.e oct 01)?
6. Will it be advisable to come back for this employer with this current petition after going to home country in case the work offer resumes from the client site in Jan 2010, for which the petition was originally filed. Can that raise issues at the time of visa issuance and POE?
Your valuable input on this case is highly appreciated.

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