H1b petition expiring on sep 3,2020..never stamped..

[siva129999]

Hello,

My h1b petition is expiring on sep 3,2020. Not stamped yet. Due to pandemic, i cannot request my organization to file an extension. Even if i request it is not going to work out.

My query here is, am i allowed to extend my current petition even after December 2020?

Please let me know if there any suggestions to deal with this.

[R78]

"i cannot request my organization to file an extension" -> Does this mean your company plans on terminating your employment after Sep 03 ?
You cannot extend an H1 petition. Only the employer can.
So this would mean
(a) Leave the US on or within 10 days of Sep 03 and have the company file a new H1 after Dec 2020
OR
(b) You stop working on Sep 03. Apply for COS to B2 within the US & then convert back from B2 to H1 after the employer files the H1 petition after Dec 2020. Just remember, you can only stay in the US as long as your COS is pending (or for the dates it is approved). If it gets denied, you need to follow step (a)

[siva129999]

Hey R78,

Thank you for the reply.

My organization is not going to terminate me. However, they will not show interest in extending my current H1B petition at least until Dec 2020.

My question here is, my h1b petition will expire on September 03,2020, say for example, if my organization is willing to extend my petition during January 2021, is it possible for them to so? Or since it is expired on September 03,2020 they will not be able to extend?

Thanks
Siva

[R78]

Assuming you still have time on your H1, they can file in January 2021 since you are cap exempt.
You should still know that:
- If you do not renew before it expires, you cannot work or get paid and therefore are not an active employee. Isn't this termination ?
- Once this petition expires, you lose your status in the US unless you pay for COS and convert to another visa category (usually B2).
- Your company would be unwise to not file right away. This is an election year. Q2 results were devastating. Economists believe the worst is yet to come.
What if there is a new EO that only people who currently are working on an H1 can file extensions ? All others cannot ? You'll lose out.