h1b one year gap help

[imvivy]

Hello There,

I have a small query, I will really appreciate it if someone can answer accurately.

I have H1b I797 approval notice dated Oct 4, 2012, but I received approval in the mid November 2012. I have got H1b stamped on Dec 10, 2012. Since then, I have not been able to use my visa yet, as my project got delayed. I will really appreciate if someone can help me determine, when my visa starts- from Dec 10, 2012 or Oct 4, 2012?

Also, by when latest I can come to the US Oct 3, 2013 or Dec 9, 2013?

 

Thanks a lot in advance!

 

[jairichi]

Since you have not entered US nothing has started. Your time limit of 6 years starts when you enter US. As you have a valid H1B visa and approved I797 you can enter anytime. According to your question you can start from 3rd Oct 2013

[pontevecchio]

You cannot use the H1 visa to come over unless you have an approved H1 petition for the employer you are coming over to join.

[imvivy]

Thank you jairichi and pontevecchio for your your replies, really appreciate it!

I already have approved H1 petition for my employer.

 

Dear jairichi, does it mean, Oct 3, 2013 is my cut off date to enter the US? or I can enter anytime during next 5 years?

Pls advise.

 

Thank you very much again for your replies!

Warm Regards,

venus

[jairichi]

Thank you jairichi and pontevecchio for your your replies, really appreciate it!

I already have approved H1 petition for my employer.

 

Dear jairichi, does it mean, Oct 3, 2013 is my cut off date to enter the US? or I can enter anytime during next 5 years?

Pls advise.

 

Thank you very much again for your replies!

Warm Regards,

venus

If you have a valid H1B visa, an employer with job and an I797 document through that employer you can enter anytime. There is no time limit as long as you do not max out 6 years of your stay in US on H1B.

[imvivy]

Thank you jairichi again, for your reply, really appreciate it!

It's good to know that I do not have any cut off date to enter the US..

I was under the impression that I have to enter the US within one year of getting H1b, otherwise it would get cancelled!

now that's a relief to know that I do not "have to" enter US by Oct 3, 2013 :)

 

Thanks a lot again jairichi!