H1B: Do I need to wait until after October 1 to fill out the DS-160 form and book an appointment, or can I submit it and book an appointment before th
Asked on Sep 09th, 2024 on Immigration - Pennsylvania
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My H1B has been approved and the change of status will automatically be effective on October 1, 2024. I plan to get my first H1B stamp when I return to Vietnam in December, and I’d like to fill out the DS-160 form early and schedule an appointment ASAP. My question is: Do I need to wait until after October 1 to fill out the DS-160 form and book an appointment, or can I submit it and book an appointment before that date? I want to make sure I get everything done early.
Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
You do not have to wait till October 1st to fill out a Ds-160 and schedule an appoitnment. However, make sure that your appoinment is on or after Oct 1st.
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