With the approvals coming in based on cap subject H1-B petitions filed under Fiscal Year (FY) 2015 and selected in the lottery, we have been receiving calls from H1-B beneficiaries and employers, seeking clarification on how early one can apply for H1-B visa based on the approval received under the FY 2015 quota. The U.S. Embassy in New Delhi and the U.S. Consulates in Mumbai, Kolkata, Hyderabad and Chennai accept H1-B applications up to 90 days prior to the start date indicated on the approval notice (I-797B). It is important to remember that once visa is approved, the visa is not valid for travel up to 10 calendar days prior to the start date indicated on the approval.
For example, if a H1-B petition is approved with a start date of October 1, 2014; the H1-B beneficiary can apply for his/her H1-B visa on or after July 3, 2014 and upon approval, s/he can travel to the United States using the valid visa, on or after September 21, 2014. This process is applicable for most petition based non-immigrant visas which includes H, L, O, P and Q visas. This information can be found here.