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  • H1B visa extension-urgent help needed

    Hi,

    I have my H1B stamping done in 2008 which is valid until Sept 28 2010. I have not travelled to USA till now because my consultant could not show me a project when i am in India. Now they are asking me to travel to US and they are confident of placing me in a project if iam there physically. Now i am in doubt to travel or not because:

    1. My H1B visa gets expired on Sept 28 2010, is it safe to travel now or would there be any strict questions at the port of entry?

    2. Would there be any problem in extension of my H1B visa as i was not in project all these days.

    3. Are there any chances of H1B visa extension getting rejected if not applied well in advance(2 months before the expiry)?

    Any quick help is really helpful for me decide.

    Thanks,
    Sreenivas

  • #2
    apply for extention and get a client

    Hello Srinivas

    Firstly make sure your company applies for extension of your H1 2 to 3 months ahead. My extension took 4 months and I finally got it in a week after I asked them to do premium process. USCIS could take more extension time so, firstly get your employer apply for extension.

    Secondly, if you already have your visa stamped, make sure you chose port of entry that is not New York as they deport lot of valid candidates these days if they find a small issue also.

    Thirdly, you will have to prove at port of entry that you have a client, mostly every one is asked to show client letter also. If they know that you dont have a client/project already, you will not be allowed in the country. Already you just have 2 months, they will surely ask many questions about it.

    So don't waste time, do proper paperwork, speak to the company's attorney about your case.

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    • #3
      H1B visa extension-urgent help needed

      Hi Dindia, Thanks for the prompt response.

      I could not have asked my consultant to apply for the extension 3-4 months ahead as that was possible only if i had travelled to USA.

      My consultant says there is no client letter required as the project is internal one. I am not sure how much to believe about it.

      They are saying filing for an H1B visa extension can be done in last week also.

      Please provide your comments as i am really confused now.

      Thanks,
      Sreenivas

      Comment


      • #4
        My consultant says there is no client letter required as the project is internal one. I am not sure how much to believe about it.
        >>> If your employer is a consultancy company, then be prepared to prove that your project is genuine in-house project if questioned at the POE. Advisable to carry a detailed project document mentioning the scope of the "in-house" project, your roles and responsibilities, team size, the manager whom you will be reporting to and the targetted audience of the project.

        They are saying filing for an H1B visa extension can be done in last week also.
        >>> That is what the consultancy companies always say. Technically what they say is correct and the extension can be filed anytime before your I-94 expires. A person is legally allowed to stay in U.S only till the expiry date of the I-94. But since the extension is filed before the expiry date of the I-94, you will continue to stay in U.S and keep working even after the I-94 expiry date (Which is allowed). This will work out fine if the extension is approved by USCIS. If the extension is denied (say after 3 months after applying), then the time that you have spent after your I-94 expiry date in U.S will be considered illegal. The extension if filed by normal process will take anywhere between 2-3 months. That is why it is advisable to file the extension 3-4 months in advance. If you accumulate illegal stay, it may hurt you when you go for stamping the next time or if you decide to apply for GC. Your employer will have no impact and they don't care whether you accumulate illgal stay and run into such issues or as long as they can milk every penny out of your hard work (Especially consulting companies).
        Not a legal advice. Use of this information is strictly at your own risk.

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