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H1 visa and petition validity

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  • H1 visa and petition validity

    My H1b petition was approved in APR 2014 and was valid till Aug 2017. I got my
    visa stamped in Sep 2015 and the visa expiration date was Aug 2016. I never
    travelled in that visa to US.

    Now that the visa stamping and petition has expired, I Have the below clarifications

    - can I have a new visa applied and travel to US.

    - Can I apply for the extension of petition through my current employer or have a new employer sponsor the petition.

    - Till what time can I apply for extension of visa and travel to US.

    - if at all I can travel, how many years can I stay in US.

  • #2
    Originally posted by Shankarn78 View Post
    My H1b petition was approved in APR 2014 and was valid till Aug 2017. I got my
    visa stamped in Sep 2015 and the visa expiration date was Aug 2016. I never
    travelled in that visa to US.

    Now that the visa stamping and petition has expired, I Have the below clarifications

    - can I have a new visa applied and travel to US.

    - Can I apply for the extension of petition through my current employer or have a new employer sponsor the petition.

    - Till what time can I apply for extension of visa and travel to US.

    - if at all I can travel, how many years can I stay in US.
    (1) Yes. You would need a new petition.
    (2) Either way. You will be cap exempt.
    (3) You would be cap exempt for 6 yrs. So before 2020.
    (4) Time of stay is granted at the POE by the CBP official. So it is completely up to their discretion. The maximum time you can stay continuously is 6 yrs. on H1B, unless you have your GC filed in the meantime. In that case you can extend your stay until your priority date becomes current.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      (1) Yes. You would need a new petition.
      (2) Either way. You will be cap exempt.
      (3) You would be cap exempt for 6 yrs. So before 2020.
      (4) Time of stay is granted at the POE by the CBP official. So it is completely up to their discretion. The maximum time you can stay continuously is 6 yrs. on H1B, unless you have your GC filed in the meantime. In that case you can extend your stay until your priority date becomes current.
      Thank you so much for the info. Will help me plan for an extension.

      Comment

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