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H1 Expiring in next week. Not sure employer is applying for extension.

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  • H1 Expiring in next week. Not sure employer is applying for extension.


    I have a job and my H1 is expiring next week.
    1. What are my options if my employer does not apply in time

    2 Is it possbile for me to apply through some one else just a day before the expiry of my Visa(I-94). Can I still continue to work with reciept number.

    3. If I cannot find new employer to apply my h1 extension, how long can I stay in US and should my current employer provide me the travel expenses to move back to India.


  • #2
    1) apply for H1 transfer before H1 status expires

    2) you can join the new employer upon receipt of your petition

    3) You should leave before the I-94 expires. I am not sure if your employer is supposed to pay for air fare. I want to say no.
    Check out H1 FAQs first!


    • #3
      If employer terminates the employee, employer must pay one way return air-fare to home country.


      • #4
        Thank You for the reply

        My employer is saying he is filing the extension and at later stage what will be my status and options

        1. If he actually does not file in time and my I94 expires

        2. If he files and gets reject. Will I be allowed to leave the country without any issues

        Last edited by vvvarp; 03-05-2009, 03:40 PM.


        • #5
          If your initial H1b is expiring and employer does not want to extend the H1b, they need not pay for the airfare. They are only obligated to hire you and pay you till the date of the H1b petition. If the employer terminates you prior to the H1b expiry, they owe you airfare.

          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.