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H1B Extension From India without Travelling once

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  • H1B Extension From India without Travelling once

    Hi All,

    I have few questions on my expiring H1B visa initiated by a MNC IT firm.

    I have a approved petition of H1B which is expiring on 12 Nov-2013. I dont have any travelling opportunities in the near future. But I want to extend it since there are opportunities after Jan 2014. I have not gone for stamping yet and my LCA needs to be changed.

    Query 1:
    Is it possible to extend the visa from India, and if so what is the process?

    Query 2:
    If I switch company after November, will the new company be able to do anything with my expired Visa ?

    Thanks for your help in advance.

    Regards,
    Pratheep

  • #2
    Any info on this post would be helpful.

    Comment


    • #3
      Originally posted by pratheepram View Post
      Hi All,

      I have few questions on my expiring H1B visa initiated by a MNC IT firm.

      I have a approved petition of H1B which is expiring on 12 Nov-2013. I dont have any travelling opportunities in the near future. But I want to extend it since there are opportunities after Jan 2014. I have not gone for stamping yet and my LCA needs to be changed.

      Query 1:
      Is it possible to extend the visa from India, and if so what is the process?

      Query 2:
      If I switch company after November, will the new company be able to do anything with my expired Visa ?

      Thanks for your help in advance.

      Regards,
      Pratheep
      Hello, Pratheep.

      I am sorry, if i did not understand completely whether you are in India or in USA. I am assuming you are in India and have not 'travelled to USA' on this H1B petition.

      1) It is possible to extend the visa, all you need is a fresh petition from the sponsoring employer.
      2) If you switch to another company your visa in the US systems does not change. Whenever you intend to work in US, you will need a sponsor who files a petition for you. This could be an employer in India with operations in USA. Or, an employer in USA with no India operations / with India operations.

      I am sorry, if i did not get your query completely.

      Wishing you luck.

      Cheers,
      These are my personal thoughts. I am not a professional.

      Wishing you luck.

      Comment


      • #4
        Your current or any other employer can file a cap-exempt petition for you at any time until Nov 2019.
        This is my opinion and not legal advice.

        Comment


        • #5
          Another Query on the same lines

          Hi All,

          I currently have a H1B visa valid till November 6, 2013. I have never traveled to US and for personal reasons i cannot start my travel for the next 2 weeks.

          My employer does not want me to travel very close to expiry date.

          These are my questions.

          1. Will i be able to extend my current H1B VISA without travelling to US?

          If yes
          2. Whether it would be a new petition or on the existing petition?

          3. How long could this process take and when would i be eligible to travel again?

          Any replies would be helpful.
          Last edited by surendar; 10-04-2013, 11:00 AM.

          Comment


          • #6
            Your employer will have to file the extension petition. It will be exempt from annual cap. Processing time will be the same as any other petition. Once that is approved, you will apply for your Visa at the consulate. After you get the Visa you will be able to travel to US and start working for this employer.
            This is my opinion and not legal advice.

            Comment

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