H1-B visa expiring in October. Petition is approved Need extension, Not stamped.

[vasaiboy]

Hi All,
My brother has H1-B visa petition approved last year in 2013, and now its going to expire in October 30th. He is in India and has not traveled to US after that but not stamped yet. So he has around 45 days to renew the H1-B.
1. Can he stamp the visa now and come here(USA) to apply for renewal.
2. If renewal is not done within 45 days would he have to leave the country(USA) until it gets renewed?
3. Can he just apply for renewal from India.

Please help.

Thanks in advance.

[raghvi]

Hi All,
My brother has H1-B visa petition approved last year in 2013, and now its going to expire in October 30th. He is in India and has not traveled to US after that but not stamped yet. So he has around 45 days to renew the H1-B.
1. Can he stamp the visa now and come here(USA) to apply for renewal.
2. If renewal is not done within 45 days would he have to leave the country(USA) until it gets renewed?
3. Can he just apply for renewal from India.

Please help.

Thanks in advance.

What does his employer say for this?

1. He should not go to stamping without having the latest employment letter and client letter.
2. What do you mean leave the country? he is already outside US isnt he?
3. Again, where is the employer in all this? Isnt his employer advising anything?

This is my opinion not legal advice.

[vasaiboy]

What does his employer say for this?

1. He should not go to stamping without having the latest employment letter and client letter.
2. What do you mean leave the country? he is already outside US isnt he?
3. Again, where is the employer in all this? Isnt his employer advising anything?

This is my opinion not legal advice.

Thanks Raghvi for for qucik reply.

1. He has employment letter and Client SOW so he can go for stamping.
2. What I mean is after stamping he can come to USA but that visa will be valid only until 30th Oct. So he has to file for extension and should get it withing ~45 days. If it does not come would he have to leave USA until it comes.
3. Or would it be easy if he just apply for extension without stamping?

Sorry if I have not made myself clear. I am not very familiar with these cases.

[raghvi]

Thanks Raghvi for for qucik reply.

1. He has employment letter and Client SOW so he can go for stamping.
2. What I mean is after stamping he can come to USA but that visa will be valid only until 30th Oct. So he has to file for extension and should get it withing ~45 days. If it does not come would he have to leave USA until it comes.
3. Or would it be easy if he just apply for extension without stamping?

Sorry if I have not made myself clear. I am not very familiar with these cases.

Either option is fine but the risk is more with just going with the petition with expiry within 45 days, advisable to get new petition and go for stamping with that.

This is my opinion not legal advice.