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H1B extension for those who never travelled to USA

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  • H1B extension for those who never travelled to USA

    Dear All,

    I got H1B petition approved for 1 year (for self and H4 for family) with validity from 1st Feb 2012 to 31st Jan 2013. I could get it stamped on 26th Oct 2012 and till now I have not travelled to USA. So our immigration team suggested to extend the Visa with premium processing to travel now as they say one cannot travel with visa validity less than 6months (which seems to be too much for visa approved for 1year).

    Here are few question on the situation:

    - Can the visa EXTENSION be premium processed?
    - How long will it take to complete the processing? When can I travel at the earliest?
    - If extension approved, then what will be the duration this time (1 year or more)?
    - Do I need to go for visa stamping again?

    Thanks in advance for your time.

  • #2
    Yes, your employer can file the petition upto 6 months before the current petition expires. In premium processing it will take 15 days or max 1.5 month if it goes into RFE.
    Petition validity will depend on how long your employer can prove that they have work for you (project duration).
    After petition approval, if the current Visa in your passport is valid on the day of travel to US, you will not need to obtain a new Visa.
    This is my opinion and not legal advice.

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    • #3
      My H1B Visa getting expired on june 2013, not travelled on this visa..

      Hi,

      Need ur help , My H1B Visa getting expired on june 2013, not traveled on this visa to US, can you please tell me how to get the extension for this while considering the below points.

      1. i am with the same employer in India , who applied H1B for me.
      2. earlier i have traveled on B1 and B1 in lieu of H to US
      3. Is there any Fee to apply new petition? , in case if it may help to keep my H1b alive
      4. if i change my employer, can it be extended with new employer also?
      5. if anybody has gone through the same prob and came out with some solution , please contact me on [email protected]

      thanks

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