When to Apply for H1B Visa in India with Approved Cap-Subject H1B for FY15

With approvals coming in for cap-subject H1B petitions filed for fiscal year (FY) 2015 and those selected in the lottery, we have been receiving calls from H1B beneficiaries and employers, seeking clarification on how early they can apply for H1B visas based on approvals received under the FY15 quota. The U.S. Embassy in New Delhi and U.S. Consulates in Mumbai, Kolkata, Hyderabad, and Chennai accept H1B applications up to 90 days prior to the start date indicated on the approval notice (I-797B). It is important to remember that, once approved, the visa is not valid for travel earlier than ten calendar days prior to the start date indicated on the approval.

For example, if an H1B petition is approved with a start date of October 1, 2014, the beneficiary can apply for his/her H1B visa on or after July 3, 2014 and, upon approval, can travel to the United States using the valid visa, on or after September 21, 2014. This process is applicable for most petition-based nonimmigrant visas, including H, L, O, P, and Q visas. This information can be found on the Murthy Immigration Services, Pvt. Ltd. (MISPL) WebSite.

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