According to the Department of State's Foreign Affairs Manual, Consulates and embassies may issue H visas to visa applicants up to 90 days before the beginning date of employment-authorized legal status. Thus, Beneficiaries of H-1B petitions who are outside the United States may now apply for H-1B visas. In the case of cap-subject H-1B petitions, H-1B employment may begin no earlier than October 1st of the year that the petition was accepted for processing.