Questions And Answers
H1B Visa

H1B Visa 2014 Start Date with 3 Examples

Question – If my employer applies for H1B Visa in FY 2014 quota, what will be H1B Visa start date? Can I start working immediately after H1B Visa approval?

H1B Visa 2014 Start Date

Your H1B start date depends on following factors

  • Is your H1 application going to new or transfer?
  • Processing Time for USCIS

USCIS will start accepting H1B Visa FY 2014 application from April 1, 2013.

The official H1B Visa filing dates 2014 starts on April 1, 2013.

But, the date when you can actually start working will be on or after October 1, 2013.

Scenario 1:

  • H1B Visa 2014 Filing Date – April 1, 2013
  • H1B Application Acceptance Date – Few days after April 1, 2013
  • Processing Type – Premium
  • H1B Visa Approval Date – April 20, 2013
  • H1B Visa Start Date – October 1, 2013 (typical)

You cannot start working right after H1B approval.

You have to wait till actual H1B Visa 2014 quota start date, which will be listed in H1b Approval Notice – I797.

Scenario 2:

  • H1B Visa 2014 Filing Date – April 1, 2013
  • Processing Type –  Regular
  • H1B Visa Approval Date – June 15, 2013 (assumption)
  • H1B Visa Start Date – October 1, 2013 (typical)

Scenario 3:

  • H1B Visa 2014 Filing Date – April 1, 2013
  • Processing Type –  Regular but RFE issued
  • H1B Visa Approval Date –  Can vary depending on USCIS processing, employer response time to RFE.
  • H1B Visa Start Date –  October 1, 2013 or Later

Above 3 scenario is based on H1B Visa 2014 predictions.

If H1B visa quota is open till September 2013 and employer files your application like September 25, 2013.

Your H1B Visa 2014 start date will be after October 1, 2013 based on USCIS H1B processing time (say end of Oct for premium processing)

Cap Exempt H1B

If your H1B Visa is cap exempt, there are no restrictions with start date like H1B visa that comes under Cap.

With cap exempt H1B, you can apply for H1B visa at any time and start working right after H1B Visa approval comes through from USCIS , depending your current status.

Hope this answers you question on H1B start date. Good luck with your new job.

Do you have any additional questions about H1B Visa start dates, processing time, approval time, filing dates?

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12 Comments

  1. Please respond to this question.

    I’m on OPT and currently working as a full-time employee in Company A, another Company B filed my H1B Change of Status and I got RFE which is to be submitted in Mid October,

    Suppose If I get approval in NOVEMBER, Can I wait and work with company A for few days and join Company B? or How many days will I have to switch to H1B employer?

    Thank you in advance for reply.

  2. I have my H1B visa stamped which shows issue date of July 15, whereas my I-797 shows my start date as Oct 1. Can someone tell me how soon can I travel to US? Right now or around Oct 1?

    1. Hi Ali
      Thst means ..you have valid visa to stay in US now but can only start working from 1st OCT..Good Luck

  3. Hello this is shanthi,
    Please help me in getting I-797(Notice of Action).

    I worked for company A, during that period I have received H1B visa stamp till 9 Mar 2013 and my PED:18OCT2013.

    I went for B1 visa through my current company B, during that time my H1B visa stamping has cancelled.

    I assumed that visa got cancelled and visa also expired, I have thrown my I 797B document.

    Now I came to know that we can still extension my petition if I have I 797B document with me. Even I dont have soft copy also with me.

    I know my 14 digit receipt no and PED present in visa stamping.

    I have contacted my company A to provide I 797B, if they would have maintained a copy. But I didn’t get.

    Can you please help me how to get I 797B to extend my petition?
    I have one more doubt, Can we transfer H1B to other company with only petition no(14 digit number)?

    Thank you, looking forward support on the same.

    1. Please help me to know if I were approved an visa H1B which my current employer applied and after then I drop this employment for working in another company .
      Will my H1B visa still be valid ?
      Great thanks for your answer .
      Sarah

  4. Hey,

    I am i n USA right now in H4 visa.I have a valid H4 visa until 2015 June.
    This year 2013 i applied for my h1 visa and got approved and my start date is oct 2013.
    Since i have a traditional function in india, i am planning to travel to india around december2013.
    My doubt is whether i have to go for H1 visa stamping? and in worst case if my H1 visa gets rjected in chennai embassy, can i travel again to US
    in my H4 visa which is valid till june 2015?
    After that again can i file change of status from H4 to H1???

    Kidly reply me raghu

    1. H1 Stamping – Yes.
      If h1 is rejected, you can come back in h4, but I think u have to go for h4 stamping.

  5. my attorney said he will be filing my H1 on “March 29, the first day the government allows us to file”.
    but i saw that USCIS allows all petitions from April 1.
    did my attorney mean he will start sending on 29 so that it reaches by april 1st, I am a little confused, I hope he doesn’t send on 29 and get em rejected. Please shed some light on this.

  6. If my H1b petition goes through and gets approved around June for example, do i have to go straight away to get stamping at a US embassy? I didnt know if the cap was controlling approved h1b visas or visas that have been given by the embassy?

  7. Some of your information is a little off. For example, an H1-B that is exempt from the cap can only be what you have called a “transfer”. It is not a transfer, but a new visa that is called “portable”. You must be working under an existing H1-B in order to qualify. In that case, the candidate may start work as soon as the petition is filed – there is no requirement to wait until it is approved.

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