Extension after visa expiry

[depakjan]

Hi All,

I have stayed in the US for approximately 4 years , now I have returned back to India and have been here for 7 to 8 months, my extension petition is expiring on Feb 23 2016, now does this mean after 23 Feb I can no longer use this visa?, if at all I want to go back to US, should I apply a new one and start from beginning (go through the lot and everything) or since I have not completed 6 years with this visa, I can use the same and extend 2 more years without going through lot process? also is there a time limit before which I have to start this extension process?

Also if above is true then if I change my employer, will the new employer be able to use this same visa? what documents should I be having with me for this ?

Thanks in advance

[depakjan]

Can someone please help me on this question?

[shervin143]

The same employer can extend your petition even after the petition expiry date. Also, any new employer can file a transfer post the petition expiry date as long as you have a copy of your previous H1B approval. The extension or transfer can be filed within 6 years from its initial effective date. You don't need to go through quota again.

[depakjan]

Thanks a lot shervin143.

I have one more question, my old employer is asking me to return the petition, if I return it may new employer can no longer extend it ? , do I need the original or a scanned copy is enough for extension?

[raghvi]

Thanks a lot shervin143.

I have one more question, my old employer is asking me to return the petition, if I return it may new employer can no longer extend it ? , do I need the original or a scanned copy is enough for extension?

You can return the original, but do keep copies with you.

This is my opinion not legal advice.

[depakjan]

Thank you.