H1B 2015 Petition approved only for 6 months - what should I do?

[gravis]

Hi,

I applied under regular quota and got through the lottery. Few days ago my petition/case status changed and employer received an email with petition approval and validity beginning Oct 1st 2014 and for only 6 months, till Apr 2015. We are not sure what to make out of it. May I request your inputs on the below questions that I have?

1. Will there be a problem if I appear for stamping with 6 months approved petition?
2. If I get stamped and travel to US, will I have any problem extending the stay when extension petition is filed?
3. Is there a certain degree of risk if I were to travel to US with just six months of validity of petition and Visa while clearing the port of entry?
4. My employer is in touch with attorney and they are preparing to file a review petition with USCIS. Will that be of any help and/or delay the entire process assuming USCIS takes long time to review my petition and by the time I appear for stamping and get it, it may be only few months left on hand?

I am totally clueless as to how to handle this situation and would request for your inputs.

Thanks in advance.

[raghvi]

Hi,

I applied under regular quota and got through the lottery. Few days ago my petition/case status changed and employer received an email with petition approval and validity beginning Oct 1st 2014 and for only 6 months, till Apr 2015. We are not sure what to make out of it. May I request your inputs on the below questions that I have?

1. Will there be a problem if I appear for stamping with 6 months approved petition?
2. If I get stamped and travel to US, will I have any problem extending the stay when extension petition is filed?
3. Is there a certain degree of risk if I were to travel to US with just six months of validity of petition and Visa while clearing the port of entry?
4. My employer is in touch with attorney and they are preparing to file a review petition with USCIS. Will that be of any help and/or delay the entire process assuming USCIS takes long time to review my petition and by the time I appear for stamping and get it, it may be only few months left on hand?

I am totally clueless as to how to handle this situation and would request for your inputs.

Thanks in advance.

Seems employer could demonstrate work for only 6 Months for you.
1. I dont think so.
2. As long as work is there and can be demonstrated I dont see why you should have issue extending it.
3. I dont think so.
4. You can only go with what you have till you receive another petition.

This is my opinion not legal advice.

[Raj01]

Hi,

I applied under regular quota and got through the lottery. Few days ago my petition/case status changed and employer received an email with petition approval and validity beginning Oct 1st 2014 and for only 6 months, till Apr 2015. We are not sure what to make out of it. May I request your inputs on the below questions that I have?

1. Will there be a problem if I appear for stamping with 6 months approved petition?
2. If I get stamped and travel to US, will I have any problem extending the stay when extension petition is filed?
3. Is there a certain degree of risk if I were to travel to US with just six months of validity of petition and Visa while clearing the port of entry?
4. My employer is in touch with attorney and they are preparing to file a review petition with USCIS. Will that be of any help and/or delay the entire process assuming USCIS takes long time to review my petition and by the time I appear for stamping and get it, it may be only few months left on hand?

I am totally clueless as to how to handle this situation and would request for your inputs.

Thanks in advance.

Just take it easy. Visa stamping and Port of Entry both should be good as long as you have 2-3 months or more time on your petition.

Once you land in US you will have numerous options - if I were you I would look for a new "steady" employer who can hire you full time & thus get a visa for longer term for each extension.

Even if you stay with your employer they can continue to extend visa beyond your 6 months if you have a project.

This is my advice only. Seek help from a professional attorney if in doubt.

[gravis]

So extension would be timely and easy?

Just take it easy. Visa stamping and Port of Entry both should be good as long as you have 2-3 months or more time on your petition.

Once you land in US you will have numerous options - if I were you I would look for a new "steady" employer who can hire you full time & thus get a visa for longer term for each extension.

Even if you stay with your employer they can continue to extend visa beyond your 6 months if you have a project.

This is my advice only. Seek help from a professional attorney if in doubt.

Thanks for taking out time to respond to my queries. May I ask a followup question? Are there certain requirements for filing the extension such as number of pay stubs etc..? The reason I ask is that I am not very sure how long it would take for the extension to get approved. Say I land in US first week of Oct'14 and my employer files for extension of petition by Nov'14, would the extension be approved in a month or so? I would want to make sure that extension is filed in time and I have enough time to look at alternatives if extension approval doesn't come in by Jan'15. Thanks.

[Raj01]

Thanks for taking out time to respond to my queries. May I ask a followup question? Are there certain requirements for filing the extension such as number of pay stubs etc..? The reason I ask is that I am not very sure how long it would take for the extension to get approved. Say I land in US first week of Oct'14 and my employer files for extension of petition by Nov'14, would the extension be approved in a month or so? I would want to make sure that extension is filed in time and I have enough time to look at alternatives if extension approval doesn't come in by Jan'15. Thanks.

I would adviseyou to follow up with employer right away on this. Have them get ready with your extension docs and file it immediately after you land in US.
For you to legally stay in US beyond H1 end date, only your extension must have been filed before the last date of I-94. Approval is mandatory.

But if I were you I would ask the employer to file the H1 in premium so you have the decision withing 14 days in any case.