H1 expired - how to renew

[mohitrelan]

Hi,

My H1 (I-797 petition) and I-94 will expire in Dec 2013 and I will travel back to India in Dec 2013. I have not completed 6 years time yet. Can I apply for my extension from India after the expiry of current petition/visa? What is the process to come back on H1 after expiry of current H1 petition/I-94 but the 6 year limit not completed yet. Do I need to apply for new H1 under new cap in 2014 or my current expired petition can be revoked/extended again?
Please confirm.

[raghvi]

Hi,

My H1 (I-797 petition) and I-94 will expire in Dec 2013 and I will travel back to India in Dec 2013. I have not completed 6 years time yet. Can I apply for my extension from India after the expiry of current petition/visa? What is the process to come back on H1 after expiry of current H1 petition/I-94 but the 6 year limit not completed yet. Do I need to apply for new H1 under new cap in 2014 or my current expired petition can be revoked/extended again?
Please confirm.

What is your employer saying regarding this? Have you spoken to them?
Technically any employer can file a petition using the already cap counted petition as you haven't completed the 6 year period and once the petition is approved you can use it to go for stamping and once H1 is stamped you can re enter US.

This is my opinion not legal advice.

[mohitrelan]

H1 expired - how to renew

What is your employer saying regarding this? Have you spoken to them?
Technically any employer can file a petition using the already cap counted petition as you haven't completed the 6 year period and once the petition is approved you can use it to go for stamping and once H1 is stamped you can re enter US.

This is my opinion not legal advice.

My employer cannot get extension done due to some company rotation policy. I have to go back to offshore. I just need to know can extension be filed after petition expires or is it that a new fresh petition need to be filed which opens in April 2014.

[raghvi]

My employer cannot get extension done due to some company rotation policy. I have to go back to offshore. I just need to know can extension be filed after petition expires or is it that a new fresh petition need to be filed which opens in April 2014.

It would be a new petition but can be filed anytime , no need to wait till April 2014 as you are already cap counted in last 6 Years and you havent completed 6 Years of H1 stay.

This is my opinion not legal advice.