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How long can one postpone the H1 B visa appointment date.

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  • How long can one postpone the H1 B visa appointment date.

    I would be on H4 visa with my husband starting this april. I would be on a leave on loss of pay due to medical reasons. However, my current employer had filed my H1B petition and it is in the final stages of approval. Now, when I am in the US, I will be required to travel back to my home country for the stamping or to attend the Visa appointment with the consulate officer. I just want to know if this date can be postponed to a later date. If so until how long can it be postponed? Like can I ask my employer to postpone the interview date after say 8-9 months (during which I anticipate to travel to my home country with my husband.)

    Basically, within how many days one has to get the H1B stamped after getting the approved petition? Please advise.
    Many thanks!!

  • #2
    There is no rule that you need to get the H1B stamped after the H1B petition approval. You can even decide not to take the interview at all.

    Since your H1B is filed as a consular process, whenever you deceide to work, you will need to get the H1B visa stamped and enter U.S in H1B visa and start working. Or if you are alreadyin U.S, then the employer can file an amendment to change your status from H4 to H1B and when that gets approved, you can start working. Visa is just an entry document to U.S. Yu can get the visa stamped anytime before the petition expiry date. Visa will be issued only till the petition expiry date or the passport expiry date whichever comes first.
    Not a legal advice. Use of this information is strictly at your own risk.

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