Need Help: got H-1B but cannot travel

[praneethperna]

Hi folks,
This is Praneeth, my company filed H-1B for on Dec 20, 2010 unfortunately USCIS requested some more info from the company delaying my visa process. Finally I got my visa on April 15, 2011 ... I have plans to visit India on May 15 2011 but my HR says I cannot travel unitl October 1, 2011.

If I travel in May 2011 on my F-1 Visa then I cannot come back to USA till OCt 1st. Can you please explain abt my situation.

Thank you.

[shervin143]

Visa and petition are two different things. I guess your petition which was filed in dec 2010 got approved in April 2011. What is the effective date of the H1B petition. Did the H1B approval come with a new I-94 attached to it?

[praneethperna]

The effective date is October 1, 2011. I have not received my documents yet.

[shervin143]

Check if there is an I-94 attached to it. It is advisable that you leave the country after Oct 1st or leave now and get the H1B stamped and enter U.S after Oct 1st.

The effective date is October 1, 2011. I have not received my documents yet.

[praneethperna]

Shervin, Thanks for the reply. I am trying to understand ...

1) The people who file there H-1B for Fiscal year 2012 should start file on/later April 01 2011 and once approved that would be effective from Oct 01 2011.

2) In my case it was filed for Fiscal year 2011, then how come the effective date is october 01, 2011?

Please correct me if I am wrong, my head is spinning with above questions ... for which cap it was filed? how come the effective date is oct 1, 2011?

I really appreciate helping on this. Thank you.

[shervin143]

This should be the question to your employer. The employer can request an effective date of upto 6 months in advance. In your case, if your petition was indeed filed on December 2010, then I am not sure how they could have requested an effective date of Oct 2011 (which is more than 6 months in advance). Maybe the old petition went into an RFE mode and never got cleared and your employer filed a new petition for 2012 Fiscal year which got approved with effective date of Oct 1st. Unless you get the approval notice and a copy of the form I-129 that was filed by your employer, it is hard to say.

Shervin, Thanks for the reply. I am trying to understand ...

1) The people who file there H-1B for Fiscal year 2012 should start file on/later April 01 2011 and once approved that would be effective from Oct 01 2011.

2) In my case it was filed for Fiscal year 2011, then how come the effective date is october 01, 2011?

Please correct me if I am wrong, my head is spinning with above questions ... for which cap it was filed? how come the effective date is oct 1, 2011?

I really appreciate helping on this. Thank you.

[praneethperna]

Thanks alot Shervin.

1) Yes, exactly I posed the same question to my employer but I didn't get reply yet.

2) Yes my petition went into RFE on feb 15 and the employer mailed few more docs on Mar 23, USCIS received the package on April 06, 2011. Finally it got approved on April 15. I was tracking the status and came to know abt the above details.

3) I'll shoot an email to HR tomorrow and let you know if I have new developments.

Thank you.

[praneethperna]

Hurray !!! Thanks a lot Shervin.

Finally I got response from HR, H-1B effective date is April 14, that means I can travel to India

Thanks

[shervin143]

Yes. Remember to detach the I-94 from the approval notice and attach it to your passport along with the old I-94 (All I-94s should be returned when you leave the country). You will need a valid H1B visa to return back and work in H1B status.

Hurray !!! Thanks a lot Shervin.

Finally I got response from HR, H-1B effective date is April 14, that means I can travel to India

Thanks

[praneethperna]

Hello Shervin,

1) Can you please let me know what are all the documents that I need to have before I travel?

2) Can I travel without any documents and let HR mail the docs to my India address?

Thanks,
Praneeth

[shervin143]

Check the below link for the list of documents required for H1B stamping.

https://www.immihelp.com/h1-visa-stamping-documents/

Check the below link for the list of documents required at the POE.
http://www.immihelp.com/forum/showthread.php?t=83968

Hello Shervin,

1) Can you please let me know what are all the documents that I need to have before I travel?

2) Can I travel without any documents and let HR mail the docs to my India address?

Thanks,
Praneeth