H1B Visa Applications Allowed Up to 90 Days in Advance Posted May 25, 2007 ©MurthyDotCom There are many people who will be seeking H1B visas at U.S. consulates abroad in order to start work on October 1, 2007. The USCIS fiscal year (FY) 2008 begins on October 1, 2007 and, thus, it is the start date for many first-time H1B cases. This increases the demand for interview slots for H1B visa applicants before the October 1st start date. To accommodate the greater demand, consulates are allowed to interview applicants in advance. For FY2008, the U.S. Consulate in Chennai, India, will allow H1B visa applicants to submit the visa application up to 90 days in advance, instead of the standard 30 days in advance of the H1B start date. ©MurthyDotCom Standard Practice is only 30 Days in Advance of Start Date ©MurthyDotCom The standard practice at the U.S. Consulate in Chennai is to interview H1B visa applicants up to 30 days in advance of the H1B petition start date. The H1B visa, once approved, is then issued to permit the H1B employee to enter the U.S. up to ten days before the date s/he is to begin the H1B employment. ©MurthyDotCom Increase to 90 Days Due to Expected Workload ©MurthyDotCom There is a U.S. Department of State (DOS) cable that authorizes consulates to accept H1B visa applications up to 90 days in advance of the petition start date. This is discretionary, based upon current and anticipated workload. Essentially, it is designed to avoid interview backlogs that would normally occur if a large number of applicants all were seeking appointments during the same 30-day window. The Consulate in Chennai has confirmed that this year they will accept the H1B cases up to 90 days in advance of the October 1, 2007 start date. ©MurthyDotCom Entry to the U.S. is Still 10 Days before the H1B Start Date ©MurthyDotCom The advance visa appointments for H1B visa applicants and the issuance of the H1B visa does not permit an individual to enter the U.S. more than ten days before the H1B petition start date. Visas granted during this period will not have advance validity dates. Only the visa appointments will be available 90 days in advance, rather than 30 days in advance. Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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