Mixed Insurance Banners Health Insurance for Visitors to USA


No announcement yet.

H1B getting expired in Sept 08. Need to goto India in July 08

  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B getting expired in Sept 08. Need to goto India in July 08

    Hi, I am on H1B and my visa and I 94 is expiring in Sept 08.

    I have following questions:

    (1)My H1 is valid from Oct 2005 to Sept 2008. But I came to US in Feb 2007 for the first time. I haven’t been in US since Oct2005 till Jan2007. So now, do I need to apply for extension or is there any way I can utilize the period from Oct 2005 till Jan 2007 which I was not in US.

    (2) I need to goto India in July08 and return in Sept 08. So before I leave US, if I apply for extension, is there any problem while coming back. Because I have only 15 days left before my visa expires.If I have extension receipt will that be enough.

    If extension is in Pending and not approved before I leave to India, how to handle the situation. Is it fine, if I my employer send my approved extension to India and if i attend stamping.

    (3) I also have an option of transferring my current H1 to new employer. If transfer is initiated now, what will the validity date in new I797. bcoz my current I 797 is valid till Sept 2008. So the new I 797 also comes with validity till Sept 2008.

    (4) Can I travel to India during H1 transfer is in process? I mean I got the receipt but petition is not yet approved. If travel is urgent, how to deal.

    Many thanks for your valuable response and I really appreciate it.

    Best Regards,

  • #2
    Hi Any inputs in this regard. Thanks,


    • #3
      1. It can be utilized only by filing for an extension.
      2. Refer to other threads. It is better you apply for extension and get the approval before you leave.


      Your employer can send you the approval for you to enter again, but the wait might be endless if there is a delay while if you remain in US, you can work upto 240 days on a pending H1b extension.

      3. Depends on what the new employer wants to file the H1b for. It could be for a maximum of 3 years. New I797 will be longer if your employer submits a LCA for a longer period of time.

      4. Refer to the cloning link from the above thread.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


      • #4
        Best option for you seems like filing for an H1 transfer with Premium Processing. Good luck!


        • #5
          Hi, I got my H1 transferred with Premimum process. I got approval notice with 3 days. I will attend visa during my next visit to India.

          Thanks alot for all your inputs and suggestions.


          • #6