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  • H1B Approval notice/petition

    The validity date in my I129 petition is from 10/01/2016 to 09/06/2019.

    My H1B Visa is not stamped yet till date and I am still with my current employer. I have below queries. Please help

    1) Till when my approval petition is valid and till when I can go for H1B Visa Stamping?
    2) If my H1B Stamping happens in September 2021, then what will be the validity issued in H1B Visa?

  • #2
    The validity date in my I129 petition is from 10/01/2016 to 09/06/2019. My H1B Visa is not stamped yet till date and I am still with my current employer. I have below queries. Please help
    >>> Did you mean I-797 (and not I-129)?
    If the expiry is 9/6/2019, you are out of status, unless your new petition (I-129) was filed and received by USCIS before the above expired.

    1) Till when my approval petition is valid and till when I can go for H1B Visa Stamping?
    >>> It expired in 2019. Get with your attorney to see if they filed an extension on time.
    You cannot go for H1 stamping based on the dates you provided
    Also, per the recent Executive Order, no new H1 stamps will be issued at the consulates till after Dec 31, 2020

    2) If my H1B Stamping happens in September 2021, then what will be the validity issued in H1B Visa?
    That would depend on the new petition that was filed and approved. The validity of the visa sticker is the same as that on the I-797
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Thank you for your opinion. Please find some more updates below

      - Yes it is I797B Notice of Action

      1) The company is waiting for a project to be signed off in Feb 2021 and later or planning for a renewal of my petition. In case if the renewal happens, what might be the expiry dates on the approval notice?

      2) If my H1B Stamping happens in September 2021, then ideally I would be left only with 1 year of validity date on the visa (as my petition was approved in 2016). Is there any chance for extension in the dates?

      Comment


      • #4
        What is the current expiry of the 797 ? Is it 09/06/2019 or 09/06/2020 ?

        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          The expiration date is 09/06/2019

          Comment


          • #6
            You have been out of status / accruing illegal presence since 9/6/2019 unless
            - Your company filed an H1 renewal and obtained receipt from USCIS on or before 9/6/2019
            - You have a pending AOS (I-485) that was filed on or before 9/6/2019 and are using an EAD to work.

            If your company now tries to file an H1, USCIS will know that you had a gap and will either
            - reject the renewal
            - approve without COS. Which means you need to leave the country within 10 days and apply for H1 stamp at a US consulate. Per the Executive Order, consulates will not entertain H1 visa interviews till 01/01/2021

            To answer your questions assuming you were not out of status and that the expiry was 09/06/2020, your renewal would one of the below cases:
            - Same duration as the project (6 months, 1 yr, etc.....client and company letter need to match)
            - If you're a full time employee / no third party or clients, it would be for max time remaining, which would be through 10/01/2022 (Plus any time you spent outside the country on vacation etc.)

            H1's cannot be renewed past 6yrs unless you have a pending perm for 365 days or an approved I-140.

            Opinion only. Cannot be construed as legal advice.

            Comment


            • #7
              Thanks a lot for your opinion. It clarified my doubts.

              Thanks again.

              Comment


              • #8
                Hi,

                Good Morning. I have 1 more query.

                1) Can i tell my employer to file a new H1B (for lottery pick up in 2021 slot) again as my older H1B I797 has been expired on Sep 2019?

                2) Can new H1B be filed even if the existing H1B has been extended/renewed before Sep 2019?

                Comment


                • #9
                  1. You already have a H1 visa and therefore are exempt from the lottery for 2021. Your employer can use the last 797 (which expired in Sep 2019) to extend the visa in 2021.
                  2. Yes, as the H1 approval is a document that states you meet the requirements for the job. But when you fill the DS160 (for a visa at US consulate) you need to answer "YES" to the questions that asks "Have you ever overstayed". Consulate will make the determination of whether to accept of reject your visa. The longer you have overstayed, the tougher it becomes to get the visa.

                  My personal opinion is that you have stayed for way too long with an expired document in the US (almost 12 months) , accrued illegal stay & assuming you continued to work during this time. Consulate could even bar you from entering the US for upto 10 years
                  Opinion only. Cannot be construed as legal advice.

                  Comment


                  • #10
                    Thanks a ton.

                    To be clear on my points - I have i797 approval petition which has an expiry date of Sep 2019. But never stamped H1B Visa (i.e. i do not have a H1B Visa stamping yet). I am in my home country still waiting for an opportunity and with below doubts.

                    1. Considering that my employer did not apply for an extension of i797 before Sep 2019 >> Can i ask my employer to file a new H1B petitiion

                    2. Regarding my point number 2 >> I have never went to US on a H1B Visa till date. So i wanted to know if, a new H1B petition can be filed, even if the existing H1B petition has been extended/renewed before Sep 2019?

                    Comment


                    • #11
                      You have never come to or worked in the US on an H1. Correct ?
                      It's just that you have an approved H1 but have always worked for the employer in your home country ?
                      Opinion only. Cannot be construed as legal advice.

                      Comment


                      • #12
                        Hi Good Morning,

                        Thats exactly correct. I have never come to USA on H1B visa and my H1B visa is not yet stamped. I just have the approved petition which expired on Sep 2019 (It was picked in 2016 lottery).

                        So all my queries are related to approved petition expiry dates and till when I can go for stamping and if I go for stamping, what might be the expiry date printed on the H1B Visa.

                        Thanks in advance.

                        Comment


                        • #13
                          Max 3 years
                          Opinion only. Cannot be construed as legal advice.

                          Comment


                          • #14
                            So basically even if i go for stamping in 2021, the H1B visa stamped will have an expiry date of 3 years right (even though the approval petition has remaining of 1.5 years out of 6 years, since the lottery was picked up in 2016 slot)

                            Comment


                            • #15
                              Dear Sir,

                              Any updates on my query above. Its confusing a lot.

                              Comment

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