{ "media_type": "text", "post_content": "Does the H1B validity start from October 1st of a certain year, or does it start from the date of USCIS approval? This is the first term of H1B visa. Contd..", "post_id": "5b022090af5f3a001335b137", "reply_count": 9, "vote_count": 0, "bowl_id": "58f8108c753e990016608a0b", "bowl_name": "Desi Consultants" }

Does the H1B validity start from October 1st of a certain year, or does it start from the date of USCIS approval? This is the first term of H1B visa. Contd..

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Eg: Employee starts working on OPT after school - say Aug 1, 2016. Company files for H1B in April 2017. USCIS Approval comes on June 20, 2017. H1B kicks in October 1, 2017. Employee gets stamping done on Dec 1, 2017. Will the valid first term of H1B three years start from October 1, 2017? Or will it start from June 20, 2017?

October 1st is the first day. Not June 20.

Thanks D1. One more question - the visa term should be 3 years, correct? Not less than that? Or does that depend on USCIS? So three years from October 1, 2017 - which would make expiration of term 1 = Sept 30, 2020?

Depends on the approval

Visa term depends on: Duration on Lca Employment dates on I129 Discretion of the officer

PwC1 and PM1 - So based on the dates above, even though I lost out on 4 full months of my first term of H1B, can I not reclaim that time? I had always thought that H1B is always 6 years before the i140 renewals kick in. Isn’t that accurate?

+ passport expiry date

All of the above ... but yes typically it is 3 years from Oct 1

Thanks a lot you guys. This is very helpful. I’m so confused - I have just sent a note to my immigration team to ask them what the heck happened. My passport validity is not a problem - enough time on it. I have not seen the employment dates indicated on I129 but I will try to get all this information today. The ‘discretion of officer’ part is not entirely clear to me - If everybody else can get the full 3 years on their H1B, then I’m not sure what makes me ineligible. Unless I can actually reclaim those 4 months at the end of my next term of 3 years. Not sure.

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