Booking Visa appointment while H1 transfer approval is pending


I am currently in US and have joined my current employer on H1 receipt. H1 transfer was applied in premium and I was issued RFE. My attorneys are pathetically slow to respond to RFEs (got RFE in March and they have still not prepared the response).
I have to travel to India for my marriage in Aug, I am hoping(fingers crossed) I will get the H1 approval by July 15th. The visa appointment wait time is huge, and the earliest date available as of today is Aug 8th. I wanted to book the interview for Aug 20.
While trying to book the interview I noticed the application requesting visa start date and end date. I guess if I wait until July 15th to book the interview, I will only get an appointment by sep end or October which. So,
Is it possible I can book the interview with receipt number and the visa start and end dates as the dates on LCA and change it in case there is a difference in the approved visa? Or is there any other way I can reserve the slot and update the correct dates later?

Please help

First thing to remember is that you need an approved H1B i797 to apply for visa stamp.

Pending H1B transfer means that you don’t have approved i797. LCA is not a proof of valid H1B and cannot be used to fill dates in DS160.

Second thing is that i strongly recommend to not travel.

Third is that you can re-enter USA if your old Employer’s H1B visa stamp is still valid.
Is your old Employer’s H1B i797 still valid or expired or old Employer has withdrawn it?

I can guide more if you can share as to what documents have been requested in RFE?

Hello Anil,

Thanks for replying, no the old employer has not withdrawn the petition but unfortunately that expires in June. Also, I will be traveling in Aug and am expecting approval to come by July. I want to book the visa interview to ensure not missing interview slot.

The RFE is with regards to Education. As it is product based company and it is indeed SO, I am hoping the petition will go through.


I suggest to wait for H1B transfer approval before going to visa interview.

Yes, I am expecting approval by july 15th. The question is can I give LCA dates as visa approval dates on visa interview form to book appointment and amend it later after I have the correct dates?

That’s your choice. It would still be better to check the dates on form I-129 for H1B than LCA dates…

You can amend your DS160 later.

Its not ds 160 but the visa application form