There is some emergency happened in my family, I have to go back to China now. My H1B has been approved, but my F1 visa and EAD card both are expired, I am under Cap-Gap status now. Someone told me I have to apply for new working visa, and the earliest day is 10 day before H1B become effective, which is September 20th. Is it possible that I can return to US before September 20th? Thank you !
If you depart the US now, the earliest you'll be able to return if your H-1B visa application will be approved at the consulate is September 20th. Not before. By law you can only be admitted into the US in a new visa classification only 10 days before the visa stamp's validity date. Not before.
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