H1B Validity - Extension Queries

[need_info]

Hi,

I hold an L1 Visa from X Company which is valid until Dec 2010.
I travelled to US on my L1 Visa in March 2008 and returned back in 2 months.

I have a H1B Petition approved from Y Company in 2007 Quota
In August 2008, I appeared for my H1B Visa Stamping and I got the Visa approved which is valid till Sept 2010.

Now, I have the following Queries.

1) My X Company wants me to travel to US on L1 Visa for 4 weeks. If I travel on L1 Visa, is there a chance of cancelling my H1B Visa at the port of entry?

2) If Yes, Will it be temporary cancellation? What should be done to redeem my H1B Visa, so that I can use my H1B Visa later?

3) If I travel on my H1B Visa, are there any chances of deporting me back to my Home Country on the grounds of not utilizing my H1B Visa for the last 2 years. What kind of issues / queries do I have to face at the Port of Entry since I only have 9 months validity of my H1B Visa?

4) If I enter US with my H1B Visa and apply for extension in the month of September (Sept 2010 being my H1B Expiration date), what are the documents required for applying the extension. Since I entered only 9 months before the expiry of my H1B, I will not have any of the W2 forms. In this case, can I just submit my Pay stubs from the date I entered US?

Thanks for your help in advance!

[sk4ih]

1) No.
2) -NA-
3) No issues. You can go to US anytime. Important is to have a job. Not necessary to use your visa at all.
4) Same set of docs used for fresh H1, along with last few pay stubs. W2 not mandatory.

[need_info]

H1B Extension

Thank you very much for the response.

I have one more query.

My H1B will be expiring by Sept 2010 and I haven't used it till now. I am still working for my X Company in India.

What will happen to my H1B Visa, if I do not use it till Sept 2010? Can I apply for extension later? If yes, What is the procedure?
If No, Should I apply for H1B afresh in 2010 quota?

Please advice.

[sk4ih]

Unused visa expire by the expiry date mentioned on it.

No extension. Extension is when you're already on H1. If not, extension of what?
You have to go for fresh H1.

[ardentfreaker]

I have an urgent problem here.

I am in India and my H1B visa will expire on Sep 26th (another 2 days). I worked for 1.5 years in US for company X on my H1 visa and moved to India last year. Now, X wants me to come to US to work on a small research project for a few months.

1. Can I start off immediately to US and land there before Sep 26th?
2. Can X apply for extension before or after the expiry of H1B on Sep 26th?
3. Do I have to be physically present in US to apply for extension?
4. What other options do I have?

Your help is greatly appreciated. Thanks.

[shervin143]

1. Can I start off immediately to US and land there before Sep 26th?
>> Not advisable. You will not have enough time to file the extension before your I-94 expires. You might probably get an I-94 for only till 26th September.

2. Can X apply for extension before or after the expiry of H1B on Sep 26th?
>>> Extension of status can be filed only when you are already in H1B status. If you are in India now, your employer can file a new H1B using the CAP from the current H1B and request an immediate start date. They can also file a fresh H1B under new quote, so that you will get a fresh 6 year term on H1B (Start date can be only after Oct 1st. I don't think that is a problem since we are already in the end of September.)

3. Do I have to be physically present in US to apply for extension?
>>> Read answer 2.

4. What other options do I have?
>>> Read answer 2.

I have an urgent problem here.

I am in India and my H1B visa will expire on Sep 26th (another 2 days). I worked for 1.5 years in US for company X on my H1 visa and moved to India last year. Now, X wants me to come to US to work on a small research project for a few months.

1. Can I start off immediately to US and land there before Sep 26th?
2. Can X apply for extension before or after the expiry of H1B on Sep 26th?
3. Do I have to be physically present in US to apply for extension?
4. What other options do I have?

Your help is greatly appreciated. Thanks.

[ardentfreaker]

Thanks Shervin for the quick and good suggestions. Please let me add a few questions regarding the same.

1. Normally, if I am already in US on H1B and my visa gets expired, do I have a grace period within which I can stay in US without working?

2. You said that Extension of status can be filed only when I am already in H1B status. So, can my employer apply for extension right now while I am in India? Isn't it the date of application which is important (before H1B expiry) for an extension application?

3. Are extension and fresh H1B filing costs the same? The reason behind the question is that this is going to be a short time assignment for my employer (its a US based startup company) and I am not sure if he would look forward to pay a lot of money for the H1 application.

Thanks

1. Can I start off immediately to US and land there before Sep 26th?
>> Not advisable. You will not have enough time to file the extension before your I-94 expires. You might probably get an I-94 for only till 26th September.

2. Can X apply for extension before or after the expiry of H1B on Sep 26th?
>>> Extension of status can be filed only when you are already in H1B status. If you are in India now, your employer can file a new H1B using the CAP from the current H1B and request an immediate start date. They can also file a fresh H1B under new quote, so that you will get a fresh 6 year term on H1B (Start date can be only after Oct 1st. I don't think that is a problem since we are already in the end of September.)

3. Do I have to be physically present in US to apply for extension?
>>> Read answer 2.

4. What other options do I have?
>>> Read answer 2.

[txh1b]

1. No. You cannot travel using the existing H1b as it belongs to another employer.
2. Extension is a term used when one is in the US. If you are outside US, your new employer will just file for a new H1b that is not subject to cap and get it processed.
3. Yes.

[ardentfreaker]

1. No. You cannot travel using the existing H1b as it belongs to another employer.

Its the same employer all throughout the H1B application, Work in US, and current request to come back to US, processes for me. So, does that help?

2. Extension is a term used when one is in the US. If you are outside US, your new employer will just file for a new H1b that is not subject to cap and get it processed.
3. Yes.

[shervin143]

Visa is just an entry document to U.S. When you are inside U.S, your I-94 (you will receive one at the POE) will determine until when you can legally stay and work in U.S. There is no grace period. You should either apply for the extension before the I-94 expires or you should leave the country immediately to avoid accumulating illegal stay. If you decide to apply for the extension, then your application for extension should reach USCIS before the I-94 expiry date.

1. Normally, if I am already in US on H1B and my visa gets expired, do I have a grace period within which I can stay in US without working?

[ardentfreaker]

Thanks a lot for the quick suggestions. I am pleasantly surprised.

I and my employer have concluded to not take the risk of me traveling to US now before the expiry date (26th). He will try and apply for H1B extension. As the only alternate resort, he will apply for B1 (as he is not ready to apply for a H1B for me for a short term)

Now, the issue lies in how I can apply to B1 and how can I get paid in return. I am self-employed in India.

a. I own a Partnership firm that has been formed in Jan 2008.
b. Can I start a Pvt. Ltd company now and apply for a B1 showing a direct relation to the kind of research I wish to perform in US?
c. How can I get paid as it is illegal to get paid in US while on B1?

Please do not mind me asking these questions in this thread. If you feel that I move these questions to B1 thread, I will do so. Thanks.

[txh1b]

B1 is not the visa that can be used to work or get paid. Due to abuse of B1 by major software companies overseas, they will be scrutinized. It is fraud to work on a B1 visa.