It has been a long-standing practice at U.S. consular posts in India to accept applications of H-1B cap subject petitions up to 30 days prior to the start date mentioned on the I-797 H-1B approval notice. On February 17, 2022, the Foreign Affairs Manual was updated, and it now states that first time H-1B applicants may apply for a visa up to 90 days prior the start date of their employment as indicated on the approved Form I-797 (Notice of Action) issued by the U.S. Citizenship and Immigration Services (USCIS).

H-1B employees or beneficiaries will only be permitted to enter the U.S. on an H-1B visa up to 10 days prior to the commencement of the approved period of H-1B status mentioned on the approval notice Form I-797.

The Foreign Affairs Manual (FAM) is the formal written document for recording, maintaining, and issuing U.S. Department of State directives that address personnel and other matters. It provides the procedures that govern the operations of the State Department and other federal agencies, such as the U.S. Customs and Border Protection (CBP). Along with the applicable law as per the Immigration and Nationality Act (INA), U.S. CBP and Visa Officers often consult the FAM while adjudicating a decision.

This update can be found here.