H1B Stamping for FY 2009

[tgoel]

Hi,
I have received my H1B approval (valid from 1st Oct 2008). I am planning to visit India in Sep 2008.

1) Can I get my H1B stamping in Sep 08 and then travel to USA on 1st Oct 08? Or Do I have to wait till 1st Oct to get my stamping?
2) If yes, could you point me to US govt website where they explain this policy?

Background: I am currently on L1B visa. We did apply for COS but it got denied as I travelled outside USA for 2 weeks during May for business. Now I do need to visit India for Stamping.

Thanks

[txh1b]

1. Yes
2. https://www.immihelp.com/disclaimer/

[tgoel]

Thanks

Just one last clarification:

What is the duration of this grace period? I mean how much in advance I can go for H1B visa stamping in Delhi Embassy (10 days, 1 month, 2 months??)

[txh1b]

There is no such thing as grace period. Depending on the rush at the consulates, they set some direction once in a while. Last year it was 60 days I believe in some consulates. You have to ask VFS if they have any such guidelines this year. You can get stamped any time but can enter 10 days prior to the start date.

Some people have already got their stamping done as per the posts on the forum.

[tgoel]

Found it

As per VFS FAQ #45,

My H1B Employment Petition (USCIS Form I-797) shows an employment start date. How early can I apply for an H1B visa at the Consulate?

You can apply for an H1B visa upto 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.