Legal Question in Immigration Law in Kansas

travel to india before H1B starts

I am on F1 status on my OPT. I have applied for my H1B thru' the company I work, by premium processing and if I get it, can I travel to India before oct'1st 2004(when this visa is going to be valid) and return on OPT or should I take the H1B papers and get them stamped?

If so, can I enter USA before oct'1st?

Please do letme know at an earliest as I will have to plan within a month for my trip

Thank you


Asked on 5/13/04, 7:32 pm

1 Answer from Attorneys

Neena Bohra Law Offices of Neena Bohra

Re: travel to india before H1B starts

You will not be able to receive a stamp for the new H starting on Oct 1 until 10 days before the new fiscal year begins.

Therefore, you cannot enter on the new H as it is not valid for several months. You may re-enter if your entry date is close to Oct 1 on the new H.

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Answered on 5/17/04, 3:55 pm


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