If there's a company sponsored my H1B application for next year, and I got the lottery in April 2016, Can I start working for them around Oct 2016? Since I will be in China for the next year and won't be able to come back to US before Oct.
Yes, that would match the sequence just fine. You can get the visa stamp in September, but can't enter before the 20th of that month.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If you are selected in the H-1B lottery next year, the earliest you can start working is October 1, 2016.
Assuming your future employer is a cap-subject employer and they file in the April 2016 lottery, the earliest the H-1B would become effective is October 1, 2016. Generally you may enter the U.S. up to 10 days before your intended start date.
Check with the employer's immigration attorney.
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