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H1B cap exempt and in cap!please help!

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  • H1B cap exempt and in cap!please help!

    Hello,I worked for a company 3 years and my visa was expired June 2015. This visa was applied through cap exempt.The same employer applied for 3 more years last April through in cap and i got selected from the lottery.My case was approved and visa was issued by Consulate.my question is,Do i have to wait until September 21st to travel to US or the new visa is considered as an extension and ican travel anytime?Thank in advance.

  • #2
    What is the effective date printed on your H1B approval notice. If it is Oct 1st 2015, then you can enter only after Sept 21.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      It is valid from october 1st,however i found the following information regarding entry.

      H1-Bs may apply only 90 days prior to the petition start date and may use their visas to enter the U.S. only 10 days prior to the petition start date unless they are renewing their visa with the same employer.
      I am renewing my visa with the same employer. Do i still need to wait till september 21st

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      • #4
        I guess that applies only for H1B extension cases. Your's is a brand new H1B filed under a new CAP. Even if you enter U.S early, you cannot begin working since your petition will be effective only from Oct 1st. That is my understanding.

        Originally posted by srhtgzr View Post
        It is valid from october 1st,however i found the following information regarding entry.

        H1-Bs may apply only 90 days prior to the petition start date and may use their visas to enter the U.S. only 10 days prior to the petition start date unless they are renewing their visa with the same employer.
        I am renewing my visa with the same employer. Do i still need to wait till september 21st
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks

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