H1B Renewal

[madhupatni]

Hi,
My H1B is going to expire in 2 months, if i donot renew it now, Can my present employer or my next employer file for renewal after some time. Or is there any time limit whithin which the renewal should be filed.

[shervin143]

Extension or transfer should be filed before your current I-94 expiry date. The documents should reach USCIS before the current I-94 expires. If the extension or transfer gets denied later, then all the time spend in U.S after your last I-94 expiry date will be treated as illegal stay and it will cause issues later. In order to avoid getting into these complications, USCIS recommends that you file the extension as soon as possible. You are allowed to file the extension within 6 months of your I-94 expiry date. waiting till the last minute is risky.

[madhupatni]

Currently I am in India and i don’t have I94.Please let me know in this scenario is it possible any suggestions.

[shervin143]

Well, explain clearly when you ask questions. Otherwise we have to assume while providing answers. In your case, since you are outside U.S, any employer can file a new H1B petition using the CAP from your previous H1B approval notice and request an immediate start date. This can be done even after the petition expiry date.