According to the Department of State’s Foreign Affairs Manual, Consulates and embassies may issue H visas to visa applicants up to 90 days before the beginning date of employment-authorized legal status. Thus, Beneficiaries of H-1B petitions who are outside the United States may now apply for H-1B visas. In the case of cap-subject H-1B petitions, H-1B employment may begin no earlier than October 1st of the year that the petition was accepted for processing.
Visa applicants should be informed verbally and in writing that they cannot use the H-1B visa to enter the United States earlier than 10 days before the beginning of the H-1B petition approval period and visas should be annotated to indicate this.
