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H1B petition and extension.

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  • H1B petition and extension.

    My H1B petition was valid till sep 2015, I applied for extension and got one year extension, valid till 30th Sep 2016.
    I am planning to go back to india next month and planning to come back to US next year. Obviously I cant apply for my extension from India.

    Will I have to go through lottery process when I plan to come back after my visa expires, or I will be excluded from lottery and will just need to get a new petition.
    I heard that I wouldnt have to go through lottery but wat to be sure.

  • #2
    Originally posted by KDO View Post
    My H1B petition was valid till sep 2015, I applied for extension and got one year extension, valid till 30th Sep 2016.
    I am planning to go back to india next month and planning to come back to US next year. Obviously I cant apply for my extension from India.

    Will I have to go through lottery process when I plan to come back after my visa expires, or I will be excluded from lottery and will just need to get a new petition.
    I heard that I wouldnt have to go through lottery but wat to be sure.
    Why cannot your employer file extension while you are in India? Have you exhausted the 6 Year h1 limitation?

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    • #3
      Originally posted by raghvi View Post
      Why cannot your employer file extension while you are in India? Have you exhausted the 6 Year h1 limitation?
      My employer says that they cannot apply for extension once I do offshore reporting, not sure of the reason.
      No I have not exhausted my 6years

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      • #4
        Originally posted by KDO View Post
        My employer says that they cannot apply for extension once I do offshore reporting, not sure of the reason.
        No I have not exhausted my 6years
        An employer can file a new I129 even while you are offshore. They would get a new I797 and subsequently you can use this I797 to schedule a new visa appointment or even leverage the drop box facility if you are eligible.

        This is my opinion not legal advice.

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