Can we Transfer/extend H1B visa from India without travelling even once to US ?

[SKS_sorout]

Hello All,

I got my H1B Visa petition approved from 01 Oct 2015 till 30 Sept 2016. i.e only for one year.
Also got my Visa stamped and visa expiry date is same as petition expiry date i.e. 30 Sep 2016.

Unfortunately i cannot travel till Sept 2016, and will have to travel after that.
Below is my set of questions.

1. Will i be able to apply for an transfer and extention from India without travelling ?
2. If Not, Do i need to travel before expiry date is the only option and then i will have to file for transfer/extension process ?


Thanks in advance !

Regards,
SKS_sorout

[Sumit.kumar]

Unfortunately you can't go for extension now.

Hello All,

I got my H1B Visa petition approved from 01 Oct 2015 till 30 Sept 2016. i.e only for one year.
Also got my Visa stamped and visa expiry date is same as petition expiry date i.e. 30 Sep 2016.

Unfortunately i cannot travel till Sept 2016, and will have to travel after that.
Below is my set of questions.

1. Will i be able to apply for an transfer and extention from India without travelling ?
2. If Not, Do i need to travel before expiry date is the only option and then i will have to file for transfer/extension process ?


Thanks in advance !

Regards,
SKS_sorout

As you have less than a month left for your petition to expire, you will need to file a fresh application under cap exempt. Which means you will not have to go through lottery but have to pay visa fee as much as new visa cost.

[SKS_sorout]

Transfer process

Thanks Sumit.kumar for your time and quick reply.
I have few more doubts when you are saying i need to file a fresh application under cap exemption. Please clarify
1. Does that mean that i will have to file for new H1B petition under cap exemption.
2. What is the transfer process in this case as earlier my petition was for some different client and place. Now i will have to travel to some different place.

Although different question, Can i travel before 30 Sep and file for transfer process within this short period of time ?

Please help. Thanks

Regards,
SKS_sorout

[Sumit.kumar]

You should avoid travelling

Thanks Sumit.kumar for your time and quick reply.
I have few more doubts when you are saying i need to file a fresh application under cap exemption. Please clarify
1. Does that mean that i will have to file for new H1B petition under cap exemption.
2. What is the transfer process in this case as earlier my petition was for some different client and place. Now i will have to travel to some different place.

Although different question, Can i travel before 30 Sep and file for transfer process within this short period of time ?

Please help. Thanks

Regards,
SKS_sorout

1. Yes you will need to file a fresh petition, your new employer can do that under cap exempt for new location. (Transfer will be taken care by same). You will not need to go through the lottery, typical time line is 2 months in premium n 6 months in normal processing for your petition to get approved.

2. There is actually nothing like visa transfer, nothing gets transferred from one employer to other, new employer will need to file a fresh petition under cap exempt. Your new petition will have new employers name and new location mentioned in LCA. Documents required will be similar as which you did while filing petition first time, plus copy of old petition. Please refer point 1 for timeline.


Please remember you can't travel to US without h1b job there, if you do you will be out of status and will not be able to travel ever. Your old employer won't be offering the job, new employer can't until petition is transferred. Port of entry will not be easy for you, there are lot of chances that you will be sent back as officer may suspect that you might be on bench. Once you reach there you can't work there without i94, which needs to be filed by employer. For extension you may require US pay slips, which you may not have in such less time.

It is better that you get a fresh petition filed and get visa stamped for same.



Ps : this is a personal opinion , not a legal advice. Please connect with an attorney for legal advice.

- - - Updated - - -

Thanks Sumit.kumar for your time and quick reply.
I have few more doubts when you are saying i need to file a fresh application under cap exemption. Please clarify
1. Does that mean that i will have to file for new H1B petition under cap exemption.
2. What is the transfer process in this case as earlier my petition was for some different client and place. Now i will have to travel to some different place.

Although different question, Can i travel before 30 Sep and file for transfer process within this short period of time ?

Please help. Thanks

Regards,
SKS_sorout

1. Yes you will need to file a fresh petition, your new employer can do that under cap exempt for new location. (Transfer will be taken care by same). You will not need to go through the lottery, typical time line is 2 months in premium n 6 months in normal processing for your petition to get approved.

2. There is actually nothing like visa transfer, nothing gets transferred from one employer to other, new employer will need to file a fresh petition under cap exempt. Your new petition will have new employers name and new location mentioned in LCA. Documents required will be similar as which you did while filing petition first time, plus copy of old petition. Please refer point 1 for timeline.


Please remember you can't travel to US without h1b job there, if you do you will be out of status and will not be able to travel ever. Your old employer won't be offering the job, new employer can't until petition is transferred. Port of entry will not be easy for you, there are lot of chances that you will be sent back as officer may suspect that you might be on bench. Once you reach there you can't work there without i94, which needs to be filed by employer. For extension you may require US pay slips, which you may not have in such less time.

It is better that you get a fresh petition filed and get visa stamped for same.



Ps : this is a personal opinion , not a legal advice. Please connect with an attorney for legal advice.