H1b Visa Extension after three years

[anjum123]

My employer applied for my h1b visa in May 2009. After a long process which also involved RFE i got my petition approved after 3-4 months. When I went for stamping, i also got 221g administartive processing form however i got visa. This whole process from beginning of h1b filing to getting my visa, took nearly a year. I arrived in US in June and my current visa expires after (3 years of h1b period) in September 2012. My employer doesn't know much about visas and extension so I can't ask him any questions. But he is willing to keep me for a long time and also applu for my green card.
Now, I'm worried about how will I get my h1b extension after 3 yeasrs?? Some sites say that I'll have to leave USA and some say that I can apply for extension inside USA without leaving. Can I apply for another three years while staying inside US? and will i able to stay for 6 years without leaving?

[shervin143]

You don't need to leave the country. Your employer can file the extension and extended petition will come with a new I-94. The extension can be filed 6 monthsin adavance to the current I-94 expiry date. If the approval comes without a new I-94 (Called as consular processing), then you need to leave the country and get the return back on valid H1B visa.

[anjum123]

You don't need to leave the country. Your employer can file the extension and extended petition will come with a new I-94. The extension can be filed 6 monthsin adavance to the current I-94 expiry date. If the approval comes without a new I-94 (Called as consular processing), then you need to leave the country and get the return back on valid H1B visa.

Thank you for your response. In which cases the i94 doesn't come with the petition? what are the chances of getting it in the US?

[shervin143]

If the I-94 doesn't come with the petition, that means USCIS has approved it as consular process and want you to meet a consular officer before you can work. So the best option is to go out of the counrty, get the visa stamped and return back. Yu can also visit the neighbouring countries like canada or Mexico.

Filing an amendment to change the consular process to COS is an option. But if rejected, you will end up having accumulated a lot of illegal stay.

[anjum123]

If the I-94 doesn't come with the petition, that means USCIS has approved it as consular process and want you to meet a consular officer before you can work. So the best option is to go out of the counrty, get the visa stamped and return back. Yu can also visit the neighbouring countries like canada or Mexico.

Filing an amendment to change the consular process to COS is an option. But if rejected, you will end up having accumulated a lot of illegal stay.

I have a family of six and it is not easy for me to go to another country. If my i94 doesn't come with the petition, do i still have the option to go another country for stamping or am I stuck?

[shervin143]

I am not sure what your question is. You can leave the country anytime you want (Irrespective of whetherthe I-94 is valid or not).

I have a family of six and it is not easy for me to go to another country. If my i94 doesn't come with the petition, do i still have the option to go another country for stamping or am I stuck?