Amateur in H1 related stuff

[SumanthM]

Hi,

My company X had selected me for the H1 nomination and had proceeded to get my petition based H1 visa under CAP.
The application was filed for 3 years i.e. 01-Oct-2012 to 30-Sep-2015 (I129). Also have got the LCA approved for the same period.
But however my I797 (i.e. the petition) is valid only from 13-Nov-2012 to 12-Nov-2013.
Couple of days back I had gone for visa interview with my dependents and got the visa approved. I also got my passport stamped with the visa.
But we have got the visa validity only for 9 months. i.e. 11-Feb-2013 to 12-Nov-2013. I am supposed to travel on Mar 1 2013 to US.
Following are my questions
1) This is my first H1 visa and the first one itself I got it only for 9 months. Can I extend it and will it be considered as H1B extension?
2) If this is considered as H1B extension then how long can I stay in US? I heard that with H1 we can stay to a max of 6 years. But in my case will it be for a lesser period (like 2 years or less).
3) In case if this needs to be extended, how early do I need to start the procedure. What is the time frame of this procedure?
4) Is it that my H1B visa needs to be re-stamped after the petition is renewed? In that case do I need to leave the country?
5) Is petition extension considered as the H1B visa extension?

Please try to answer my questions so that I can plan accordingly once I reach the USA.

Thanks
SM

[kabkaba]

Hi,

My company X had selected me for the H1 nomination and had proceeded to get my petition based H1 visa under CAP.
The application was filed for 3 years i.e. 01-Oct-2012 to 30-Sep-2015 (I129). Also have got the LCA approved for the same period.
But however my I797 (i.e. the petition) is valid only from 13-Nov-2012 to 12-Nov-2013.
Couple of days back I had gone for visa interview with my dependents and got the visa approved. I also got my passport stamped with the visa.
But we have got the visa validity only for 9 months. i.e. 11-Feb-2013 to 12-Nov-2013. I am supposed to travel on Mar 1 2013 to US.
Following are my questions
1) This is my first H1 visa and the first one itself I got it only for 9 months. Can I extend it and will it be considered as H1B extension? -- Yes, your employer can extend it.
2) If this is considered as H1B extension then how long can I stay in US? I heard that with H1 we can stay to a max of 6 years. But in my case will it be for a lesser period (like 2 years or less). -- Any number of extensions can be filed until you reach the 6 year limit. (Only the time you actually spend in the US in H1 or L1 status counts towards the 6 years.
3) In case if this needs to be extended, how early do I need to start the procedure. What is the time frame of this procedure? -- Maximum 6 months before the current petition expires.
4) Is it that my H1B visa needs to be re-stamped after the petition is renewed? In that case do I need to leave the country? -- The new petition can be filed with extension of status and after approval you can continuously stay in the US. Whenever you leave the US and want to return, you will need to get the Visa.
5) Is petition extension considered as the H1B visa extension? -- Visa in your passport will not be extended like above.

Please try to answer my questions so that I can plan accordingly once I reach the USA.

Thanks
SM

See above.

[SumanthM]

Unable to see the response

See above.

I am sorry, I am not able to view the answer posted by you. Could you please re-post it. I just got to see "See above" and nothing else.

[SumanthM]

Got the reply

I am sorry, I am not able to view the answer posted by you. Could you please re-post it. I just got to see "See above" and nothing else.

Hi,

Thanks for the response. I was too early in replying before I could see the inline response.
Thanks

SM