H1B Extension

[divyakadam]

Hello Everyone,

Could not find related posts so created a new one.

I was on H4 visa from Feb 2012 until Oct 2012. My employer filed my H1 petition for 2013 quota on April 2012 and received and approval for 3 years i.e., Oct 2012-Mar 2015.

Due to emergency, I had to go to India and as per my employers suggestion came back on H4 visa in Sept 2012 without getting my H1 stamping.

Applied a COS after I came back and got an approval only for an year till November 2013. Planning to file an extension now and go to India for visa stamping in the month of August.

Please suggest which petition will be used for the visa stamping.

[kabkaba]

If the petition is extended in August, you can use the new petition.

[divyakadam]

Do you mean if I get approval for the new petition by August, I can use the new one for my stamping?

If that is the case, what would be the validity of the new petition, will it be from the day they approve the petition or from the day after my old petition expires?

Also, since I donot have any H1 visa stamping till now, if I get my stamping on the new petition and assume its validity starts from November, will I be able to come back by September?

[kabkaba]

From the day the current petition expires.

Yes, you can get the Visa and travel immediately.