H1b Extension

[jay1978]

My 6th year H1 is getting over by May 2011. I am planning to go to India and come back by Jan 2010.

Please let me know
a) If it is advisable to apply for the extension then go for a stamping and come back
or
b) Is it better to apply for an extension after coming back from India

The problem i see in the second option is I have only one month to apply for my extension and i am afraid if I would get any query at port of entry since there is only one month left in my visa and i-94

[sk4ih]

You can't extend H1 beyond 6 years unless you (your company) have filed for GC Labor 1 year before applying for extn.
Are you talking about that scenario?

[jay1978]

No. Though my comp processed the H1B but I came to US only on May 2005 so ideally i have time till May 2011 to complete my 6 year term. Hope I am right?

[sk4ih]

Yes, you can apply for extn 4-5 months before expiry.

[jay1978]

Thanks but
my current visa getting over by Feb 2010 and I am planning to go to India and come back by Jan 2010.

Please let me know
a) If it is advisable to apply for the extension then go for a stamping and come back
or
b) Is it better to apply for an extension after coming back from India

The problem i see in the second option is I have only one month to apply for my extension and i am afraid if I would get any query at port of entry since there is only one month left in my visa and i-94

[shervin143]

a) If it is advisable to apply for the extension then go for a stamping and come back

It is not advisable to travel while the extension is pending. You will abandon the application. You can apply in premium process, get the approval in 15 days and then travel with the approval. If your visa is still valid on your return date, then you don't even need to go for stamping. Travel using the existing H1B visa and show the new approval notice at the POE to get an I-94 still the expiry of the renewed petition.


b) Is it better to apply for an extension after coming back from India

You can do that as well. There will be no query at the POE. However, you will get an I-94 only still the validity of the petition (1 month). You will have to apply for extension immediately upon return via the premium process to be on the safer side.