Legal Question in Immigration Law in Massachusetts

H1B date came 5 months in future, can this happen.

I am in a wierd situation . My H1B has been approved but the activation date came out to be March 1,2005. To the best of my knowledge My company had put the starting date as Oct 1,2004. My problem is that now my company insists on starting my increased salary only after March 1st since my contract specifies that I cannot be called a full time employee until the date of activation of the H1. I was on an internship for three months and they expect that I will stay on that stipend till March 1st or make some type of compromise. I have signed a contract that says My status would be converted on full time from the date my H1 B is effective and this supposedly gives ground to them to argue that the pay scale would be increased only then.

My question -

1) My company specified a starting date(I have not seen written proof) of Oct 1 and I have recieved a starting date of April 1. Got Does this really happen?I called the CIS and the operator told me that this must have happened die to a 'good' reason but he was not in a position to tell me the reason. Is this something that happens or can I still get it changed.

I understand the concept of amended H1, Is there a fee for that and who should pick up the tab.


Asked on 10/17/04, 1:21 pm

1 Answer from Attorneys

Myron Morales Lee Lane Smith LLP

Re: H1B date came 5 months in future, can this happen.

Normally you can send a copy of the approval notice and the I-129 and CIS will issue a corrected approval notice.

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Answered on 10/17/04, 7:15 pm


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