H1B Visa Stamped on 30th Jul, Visa and Work Permit Expiring on 15th Oct 2015

[anandhapm]

Hi All;

After a Much Longer Wait from Apr 2014, I got my H1B Visa Stamped on Day Before. Both the Visa and Work Permit are expiring on 15th October 2015.

Could you please clarify on the below questions:

1. Can the Sponsor File for an extension now itself, when I am in India.

2. Some Forums mention that, I need to join the company well ahead and apply for extension atleast 45 Days before.

3. How long will it take for extension of both Visa and Work Permit.

4. Can I stay there in Secaucus, NJ, even when my extension is in progress.

5. I had resigned from my current employer in India, they would be relieving me by Sep 15, 2015 only. I had asked them to release me atleast by Aug 30, 2015. Can my US Sponsor file for an extension now itself.

Kindly Clarify, URGENT Help needed.

[shervin143]

1. Can the Sponsor File for an extension now itself, when I am in India.
>>> Yes. Alternatively, you can travel to U.S before the petition and visa expires and the employer can file the extension immediately.

2. Some Forums mention that, I need to join the company well ahead and apply for extension atleast 45 Days before.
>>> Not required. The employer can extend the petition when you are outside U.S / haven't started working for them. But if you decide to travel to U.S and then file the extension, then it is advisable that you do it at least 45 days in advance. Your application to extend the petition should reach USCIS before your I-94 (they will issue you one at the POE when you enter U.S) expiry date.

3. How long will it take for extension of both Visa and Work Permit.
>>> There is no extension of visa. Only the petition can be extended. You will have to attend the visa interview again with the newly approved petition if you want

4. Can I stay there in Secaucus, NJ, even when my extension is in progress.
>>> Yes, as long as the extension is filed before your I-94 expiry date. You should be working and getting paid to maintain the H1B status.

5. I had resigned from my current employer in India, they would be relieving me by Sep 15, 2015 only. I had asked them to release me atleast by Aug 30, 2015. Can my US Sponsor file for an extension now itself.
>>> Either travel at least 45 days prior and immediately file the extension or ask your employer to file the extension now and travel after the extension is approved. You can enter U.S anytime before your current visa expires. If your petition is extended before that, then your I-94 will be issued until the new petition expiry date at the POE which will allow you to stay longer. There is a premium processing for H1B petition which will get you the result within 15 days.