Hello,

My wife currently has a H4 visa based on my H1-B, and she recently got her H1-B approved. My question is, does she ABSOLUTELY HAVE to be working from OCT 08? Or, can she start working from JAN 09? Her H4 is still valid until FEB 09. Her new H1-B gives her a new I-94 valid until 09/2011.

Thanks.

Why wait until Jan.. Start working now !

Wasting time on H1 is not good but there is a grace period of 60 to 90 days to be on bench any given time. Ask your wife's employer or an attorney to get a correct answer.