H1B has been approved, can I leave U.S in Cap-Gap Status and return before September 20th?

Asked over 1 year ago - Ventura, CA

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 !

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you leave, September 20 is the earliest you can reenter the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Daniel Patrick Hanlon

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The actual H-1B visa can only be issued up to 10 days prior to October 1 2013.

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If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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