H1B Extension not filed within expiry date???

[vijay1982]

Hi,

My H1 B visa is getting expired on 09th Jan 2014.
Based on the internal situation of my employer, looks like they will not be able to file the extension to USCIS on or before 09th Jan 2014.

My queries are,

# What will happen if my extension documents are not filled to USCIS on/ before 09th Jan 2014? Do I have to go back to India?
# After going back to India will I be able to apply for VISA through Out of the Cap process?

I have already stayed in USA for 2.5 Years.


Thanks
Vijay

[raghvi]

Hi,

My H1 B visa is getting expired on 09th Jan 2014.
Based on the internal situation of my employer, looks like they will not be able to file the extension to USCIS on or before 09th Jan 2014.

My queries are,

# What will happen if my extension documents are not filled to USCIS on/ before 09th Jan 2014? Do I have to go back to India?
# After going back to India will I be able to apply for VISA through Out of the Cap process?

I have already stayed in USA for 2.5 Years.


Thanks
Vijay

Assuming your I-94 is also expiring on 9-Jan-2014.
1.If extension or transfer to another employer is not filed before 09-Jan-2014 you would go out of status and become illegal and would have to leave US.
2. Yes its possible as long as you haven't exhausted your 6 Years of H1.

This is my opinion not legal advice.