Visa Rejected, Should i wait till Oct 1st to travel with new H1

[arjunmca]

Hi,

I have filed H1b in June 2010, got approval for 3 years, went for stamping to Hyd consulate.

Issued 221g yellow form and put case under admin process for more than a year.

Then my employer with drew the petition.

My question is, if i file a new H1 now, do i need to wait till Oct 1st to travel or i can travel immediately as soon as i got visa?

Thanks,

Arjun.

[hmaster]

can travel immediately if filed as cap exempt

However, if you have been out of the US for more than a year - you can file as cap subject and claim another 6 years and start fresh - that would be an oct start though.

[kalyan_ac]

You cannot travel before the beginning of the petition start date which is 1st Oct.