H1B Visa Processing Time and Start Date after October 1

Waiting for your H-1B visa approval after October 1 can feel like an endless loop of checking case status updates. If your petition is still in processing, you’re probably dealing with uncertainty about your job start date, travel restrictions, or even concerns about maintaining your legal status. The delay can put your employment, relocation plans, and overall peace of mind on hold.

So, what’s next? Understanding why the delay happens, what options you have, and how to move forward is crucial. That’s exactly what this blog will cover. Whether you’re waiting for USCIS to process your petition or dealing with unexpected requests for evidence (RFEs), you’ll get clear steps to navigate the situation.

By the end of this blog, you’ll know how to handle delays, explore alternatives, and take the right action to avoid further disruptions. Let’s get started.

 

 

H-1B Visa Processing Timeframes and Key Dates

The H-1B visa process is highly structured, with each stage operating within strict deadlines. Failing to comply with these timeframes can lead to processing delays, rejection, or even the need to restart the application process from scratch. To avoid such setbacks, employers and applicants must be aware of the following key timeframes:

1. H-1B Registration Period

• USCIS opens the electronic registration window once a year. For FY 2026, registration starts on March 7, 2025, and closes on March 24, 2025.
• Missing this deadline means waiting until the next fiscal year to apply, significantly delaying the visa process.

2. H-1B Petition Filing Deadline

• If selected in the lottery, the employer must submit the H-1B petition within the filing window specified in the selection notice.
• Delays in obtaining necessary documents—such as the Labor Condition Application (LCA), employer support letters, or beneficiary credentials—can result in a missed filing deadline, leading to automatic disqualification.

3. Labor Condition Application (LCA) Processing Time

• Employers must obtain a certified LCA from the Department of Labor (DOL) before filing the H-1B petition.
• The LCA processing time typically takes 7 to 10 business days, so employers must apply for it well in advance to avoid delays in petition filing.

4. H-1B Visa Stamping and Entry into the U.S.

• After petition approval, applicants must schedule a visa interview at a U.S. consulate or embassy.
• Visa interview wait times vary by location and can range from a few weeks to several months. Early scheduling is crucial, especially in high-demand regions.

5. H-1B Transfer and Extension Deadlines

• H-1B transfers (when switching employers) must be initiated before the current employment authorization expires.
• H-1B extensions should be filed at least six months before the visa expiration date to avoid work disruptions.

Why Staying on Schedule Matters

• Missing even a single deadline can mean starting the process all over again, leading to months—or even a year—of delays.
• USCIS processing times vary, and any unexpected Request for Evidence (RFE) can further slow down the process.
• Staying ahead of deadlines ensures a smoother process, minimizing stress for both the employer and the employee.

Employers and applicants should create a timeline checklist and monitor each step to prevent delays. Given the complexity of the process, consulting an immigration attorney like Sweta Khandelwal can help in meeting all deadlines efficiently.

Stages of the H-1B Visa Process

The H-1B visa process involves multiple steps, starting from employer registration to the final petition approval. Below is a breakdown of the key stages:

1. Initial Registration Phase

Before filing an H-1B petition, employers must complete the electronic registration process through the USCIS portal.

• Who Needs to Register?
  • Only U.S. employers (sponsors) can submit H-1B registrations for prospective employees.
  • Legal representatives can submit registrations on behalf of employers.
• How to Register?
  • Employers must create a USCIS organizational account to submit registrations.
  • Registration involves providing basic company details and beneficiary information.
  • A $215 non-refundable fee is required per beneficiary.
• Common Issues & Solutions
  • Duplicate Entries: Submitting multiple registrations for the same candidate will result in disqualification from the lottery.
  • Wrong Account Type: Employers should not use an individual applicant account; they must register under an organizational account.

 

2. H-1B Lottery Selection & Outcomes

Since the number of H-1B applicants exceeds the visa cap, USCIS conducts a random computerized lottery to select registrations.

• Lottery Process:
  • The Regular Cap Lottery (65,000 visas) is conducted first.
  • The Master’s Cap Lottery (20,000 additional visas) follows for U.S. master’s degree holders.
• Lottery Results & Next Steps:
  • Selected candidates: Employers receive a Selection Notice via the USCIS online portal.
  • Not selected candidates: They may be placed in reserve or will need to wait for next year’s registration period.
• Post-Lottery Employer Actions:
  • Employers of selected beneficiaries can proceed with full petition filing (next stage).
  • If a fraudulent or duplicate registration is detected, USCIS will revoke the selection.

3. Full Petition Submission Post-Lottery

Once a candidate is selected, the employer must file a complete H-1B petition within the given deadline.

• Petition Filing Process:
  • Obtain a Certified Labor Condition Application (LCA) from the U.S. Department of Labor.
  • Prepare Form I-129 (Petition for a Nonimmigrant Worker) with supporting documents.
  • Submit the petition to USCIS along with the required filing fees.
• Required Supporting Documents:
  • Copy of the job offer letter and employment contract.
  • Proof of the beneficiary’s qualifications (degrees, certifications, etc.).
  • Certified LCA approval from the Department of Labor.
  • Any previous H-1B approvals or visa records (if applicable).
• Processing & Premium Options:
  • Employers can opt for premium processing using Form I-907 for faster adjudication.
  • If approved, the candidate can proceed with visa stamping and entry into the U.S.

Each stage of the H-1B process requires strict adherence to USCIS guidelines to avoid disqualification. Missing deadlines or submitting incorrect information can delay or jeopardize the entire petition.

Also Read: H-1B Dropbox Visa Status Refused: Understanding the Reasons

What Happens If H-1B Processing Extends Beyond October 1?

For most cap-subject H-1B petitions, the earliest possible work start date is October 1 of the fiscal year. However, not all applicants receive approvals in time. Here’s what happens in different scenarios:

1. If H-1B is Approved Before October 1

• Change of Status Cases (Within the U.S.): The employee can start working on October 1 without leaving the country.
• Consular Processing Cases (Outside the U.S.): The employee must schedule a visa stamping appointment, obtain the visa, and enter the U.S. up to 10 days before October 1, but work can only begin on October 1.

2. If H-1B Processing Extends Beyond October 1

• For Candidates Already in the U.S. (Pending Change of Status):
  • If they are on F-1 OPT/STEM OPT, they may continue working under the Cap-Gap Extension past October 1 until a decision is made.
  • If no other work authorization exists, they must stop working until approval.
• For Candidates Outside the U.S. (Pending Consular Processing):
  • They must wait for visa approval before scheduling their consular interview and entering the U.S.
  • Until visa stamping and travel are completed, they cannot begin H-1B employment.

3. If H-1B is Denied After October 1

• If the petition is denied, the candidate must explore alternatives, such as refiling under a different category, applying for another visa, or considering employer sponsorship in the next cycle.

For cases where delays are due to USCIS processing times, premium processing (if not used initially) can help speed up adjudication.

If you’re concerned about processing delays or need approval quickly, Premium Processing can be the right solution. Contact the Law Offices of Sweta Khandelwal to discuss your best options and ensure a smooth transition!

4 Top Factors that Influence H-1B Processing Times

The processing time for an H-1B visa can vary significantly based on multiple factors. Understanding these can help applicants set realistic expectations and plan accordingly.

1. Processing Type: Regular vs. Premium

• Regular Processing: Standard processing times depend on USCIS workload and can take several months.
• Premium Processing: Offers a 15-business day response period for an additional fee of $2,805, expediting adjudication.

2. USCIS Service Center Workload

• The processing timeline depends on which service center (California, Vermont, Nebraska, or Texas) is handling your case.
• Some centers experience higher volumes of applications, leading to delays.

3. Completeness and Accuracy of the Application

• Any missing information or incorrect details can lead to processing delays.
• Ensuring all documents, forms, and supporting evidence are properly submitted helps avoid unnecessary setbacks.

4. Requests for Evidence (RFEs) and Their Impact

• If USCIS requires additional information, they may issue an RFE.
• Responding promptly and with the right documentation is crucial to prevent extended processing times.

Also Read: Transitioning from F-1 to H-1B Visa – Process and Guidelines

H-1B Visa Processing Options

When filing an H-1B petition, you have two processing options: Regular Processing and Premium Processing. The choice depends on how quickly you need a decision from USCIS.

1. Regular Processing: The Standard Route

• No additional fee beyond standard filing costs.
• Processing time varies but can take several months (typically 3 to 6 months or more).
• USCIS processes cases in the order they are received.
• No guaranteed timeline, and delays are common, especially during peak filing seasons.

2. Premium Processing: Expedited Decision in 15 Days

• Costs an additional $2,805 (as of 2024).
• USCIS guarantees a 15-business-day response—either an approval, denial, request for evidence (RFE), or notice of intent to deny (NOID).
• If no decision is issued within 15 days, USCIS refunds the fee while continuing to process the case.
• Available for Form I-129 (H-1B petitions) and certain other visa categories.

Which One Should You Choose?

• If your start date is approaching and you need quick approval, Premium Processing is a better option.
• If your employer has time to wait and wants to avoid extra costs, Regular Processing works.
• If your H-1B is stuck in delays or an RFE, Premium Processing can help expedite the response.

Avoid delays and ensure a seamless filing process. Contact The Law Offices of Sweta Khandelwal for expert guidance on preparing a strong H-1B petition!

FAQs

• Can You Stay in the U.S. While Waiting for H-1B Approval?

Yes, if your H-1B petition was filed as a change of status (COS) from another valid visa (like F-1 or OPT), you can remain in the U.S. under Cap-Gap rules. This allows certain F-1 visa holders to continue working until their H-1B decision is made. However:

• If the petition gets approved, your status automatically changes to H-1B.
• If the petition is denied, you must stop working immediately and may need to leave the U.S.

If your petition was filed under consular processing, you must leave the U.S., get an H-1B visa stamp, and re-enter before starting work.

• Can You Travel Outside the U.S. Before October 1?

If you leave the U.S. before your H-1B is approved and your petition was filed as a change of status, USCIS may treat it as abandoned—meaning you’ll need to get an H-1B visa stamp from a U.S. consulate before re-entering to start work.

If your petition was filed under consular processing, you can travel, but you still need a visa stamp before re-entering.

• Can You Work While Waiting for Approval After October 1?

If your H-1B is still pending and you are on an initial cap-subject petition (not an extension or transfer), you must stop working unless you qualify for Cap-Gap. However, H-1B holders filing for extensions or transfers may continue working for up to 240 days while the petition is pending.

• Can You Change Jobs After Your H-1B is Approved?

If your H-1B is approved and activated (after October 1), you must work for the sponsoring employer initially. You can change jobs only after filing an H-1B transfer petition with a new employer.

• What to Do If Your H-1B is Still Pending?

• Upgrade to Premium Processing if you need faster results.
• Avoid unnecessary travel if your petition is a change of status.
• Speak to your employer or an attorney if your current work authorization expires before approval.

 

 

Conclusion

Navigating the H-1B visa process requires careful planning, timely submission of documents, and an understanding of potential delays. Even after October 1, pending approvals or RFEs can impact your work start date, making it crucial to stay updated on your case status. 

If you need expert guidance to strengthen your H-1B petition and minimize delays, Contact the Law Offices of Sweta Khandelwal. Our team, under the guidance of  Sweta Khandelwal, can help you navigate every step, from filing your application to responding to RFEs. Don’t leave your immigration journey to chance—reach out to The Law Offices of Sweta Khandelwal today for trusted legal support

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.