Deferring start date for H-1B visa

USA H1B Visa
1

Hi Saurabh/Forum:

I received my H-1B visa approval and got my passport stamped. The startdate is October 1, my petition and stamp is valid for 3 years. However, due to some hitches, I will need to defer or postpone my startdate. What is the process for doing this? Does my employer need to file a new petition or just an amendment? Would this affect the stamp on my passport? As in, will I need to get a new stamping if my startdate is postponed to a later date?

Also, suppose I move to the US, but I don’t have a steady income, what are my options such that I am not out of status? ie, what forms can my employer file so that there are no issues concerning the legality of my visa?

2

There is no process for deferment. You can continue to stay outside US. When you are ready to travel to US, make sure your petition and visa stamp have not expired and then ask for a recent employment letter from employer.

When in US, make sure you are getting paid at least the salary mentioned in the LCA. That way your status is maintained (as mentioned in other question asked by you).

3

Thanks Saurabh. Your help is much appreciated.