H1B Start Date and Overseas travel

[student196]

Hi All

I am on on OPT stem extension expiring on Feb 2013. I believe I have to apply for H1B

visa this year as next year I will be short by 3 months.

When I apply this year can I give the start date of H1B to be Feb 2013? or will I be able to

give a start date only six months after Oct 1?

Also if I have the H1B start date as Feb 2013 when I apply this year can I go to india and return on my F1 visa without H1B stamping

Please let me know.

[kalyan_ac]

Yes you can give a start date of Feb 2013.

Stamping?depends on when you intend to travel.

[student196]

I intent to travel in Aug, so i get my H1B visa approved by then with a start date of Feb2013 do i need to go for stamping or can i come back in F1

[livliv]

H1 petitions can only be filed 6 months in advance. (That's why the Apr 1 filing date, which has otherwise no significance). So for March 2013 start date, your employer will have to file in Sep 2012 assuming the cap remains open until then.

There are too many complications involved in traveling during the Apr to Oct period and after October you must get an H1 Visa to return.

Consult an attorney.