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H1B Approved Petition Ending Soon Without Stamping

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  • H1B Approved Petition Ending Soon Without Stamping


    I have approved H1b petition with start date as 18th October 2019 and end date as 31st October 2020 (
    1 year). My VISA stamping is not done due to some reasons and according to current COVID19 pandemic lockdown situation, I can hardly see that it is going to happen soon.

    My queries are,

    1. if the time passes by and the h1b stamping is not done by 31st Oct 2020 then will I be eligible for stamping on the base of the same approved petition after the end date?
    1.a. If so, then how long my current petition will be valid for stamping considering that my employer does not revoke the petition and the LCA is still valid?

    2.Is there any way that my employer can extend the validity on the petition?

    Thanks in advanced for wise and honest responses.


  • #2
    1. NO. H1 stamping is only done based on a current / unexpired H1B 797. In other words, the employer will need to file for a renewal and then using that approved petition, you can get a stamp.
    1.a. Your petition is only valid until Oct 31, 2020.

    2.They will need to file a new I-129 and once granted, the new 797 can use used for H1 stamp
    Opinion only. Cannot be construed as legal advice.