H1 Extension

[vollala]

Hi,

My question is:

I am in the process of transferring my H1B, my current visa will expire in Jan 2014. So now while transferring the visa would be stamped with an extension or it would be stamped till jan 2014 and once i enter US only i can apply for extension?

Please clarify.

Regards,
Swapna.

[Nattybone]

Hi,

My question is:

I am in the process of transferring my H1B, my current visa will expire in Jan 2014. So now while transferring the visa would be stamped with an extension or it would be stamped till jan 2014 and once i enter US only i can apply for extension?

Please clarify.

Regards,
Swapna.

Hello, Swapna.

What you have on the passport is the visa. While in the US, you are on something called status. Right now, you are on on H1B status till Jan 2014. When you file for this transfer, you could also file for an Extension of the status. Depending on your visa duration, and your petition papers, you could be granted another 3 years extension. If approved, you shall, in mail, receive a fresh I797 and a I94.

Coming to visa, the stamp on your passport shall continue to be Jan 2014. You are ok to stay in the US for the fresh date (which might be for 3 years too, depending upon the petition) that will be mentioned in your transfer petition, if your transfer and extension is approved. Should you have to leave the US, to visit India or any other country, to re-enter USA, you would require a fresh visa stamp on your passport. While you will have an approved petition, but beyond Jan 2014, if you enter or exit USA, you will require a fresh H1B stamp on your passport.

I hope this helps.

Cheers,

[vollala]

H1 Extension

Thanks Nattybone.

Let me put in clear my case. I have applied for extension in 2011 while coming back to India from US and got my extension which shows extension till Jan 2014 but its not stamped. Now im transferring i being in India. So what all you have mentioned is fine for my case?

Please clarify.

Regards,
Swapna.

[kabkaba]

The question is not clear. You are confusing between Visa and petition.

When your new employer files the petition, they can request a maximum of 3 years. Depending on how much job duration they can show as being available and how much time you have previously spent in the US in H1 or L1 status, the petition will be approved for 3 years or a shorter duration. The duration of your previous employer's petition has nothing to do with that.

After the petition gets approved, you can apply for Visa at the Consulate using the new petition. The Visa expiry will be same as the petition expiry date.

Then you can use the new Visa and petition to travel to US and your I-94 duration will be according to the petition expiry date.

Hope that makes it clear.

[vollala]

H1 Extension

Thank you for the reply.

My petition expires in Jan 2014. After getting the petition papers i have not got Visa stamped and now i am no longer with the current employer.
Now being in India im trying for transfer of the H1B.


Doing so will there be any problem?

once the petition with the new employer is approved - how many months/years would i getting on visa..is it for the project duration they are going to show?

Inputs are welcome!!

Regards,
Swapna

[Nattybone]

Thank you for the reply.

My petition expires in Jan 2014. After getting the petition papers i have not got Visa stamped and now i am no longer with the current employer.
Now being in India im trying for transfer of the H1B.


Doing so will there be any problem?

once the petition with the new employer is approved - how many months/years would i getting on visa..is it for the project duration they are going to show?

Inputs are welcome!!

Regards,
Swapna

Hello, Swapna.

H1B is granted for 6 years. Depending on how much time you have already spent in US, out of those 6 years, and depending on the extension period requested by this new employer, you will get a fresh visa duration. This might go beyond Jan 2014 too, depending on how much time you have left on H1B out of the 6 years.

Do not worry if you did not get the H1B stamped from India for the last extension in 2011, it will not impact you in anyway.

Also, all this time that you are not in USA can also be added to your visa duration.

I hope this helps.

Wishing you luck.

Cheers,

[vollala]

H1 Extension

Thank you Nattybone.

One last question... in the worst case if i wont be able to transfer H1B until Jan2014 where my petitions expire(and visa expired in 2011).
Is there any chance still i can cap the remaining no of years not spent in US?


Regards,
Swapna.

[kadkhiq81]

H1 Extension

Yes and you can transfer to other employer with cap exemption. If it is approved, you need to go for a fresh stamping if your existing stamped visa is not valid.

[vollala]

H1 Extension

Is there any time frame within which it should come under cap exemption? I was in US for 6 months in 2011(JFI) and first stamping was done in 2008.

Regards,
Swapna.

[Nattybone]

Is there any time frame within which it should come under cap exemption? I was in US for 6 months in 2011(JFI) and first stamping was done in 2008.

Regards,
Swapna.

Hello, Swapna.

To revive an old H1B petition, one is required to have maintained H1B status for sometime in the last 6 years.

Hope this helps. Wishing you luck.

Cheers,

[vollala]

H1 Extension

Thank you Nattybone.

Does that mean i will come into cap exempt anytime before 2017 as i was on H1B status in 2011?

Regards,
Vollala.