Not entered USA after H1 stamping

[saathi]

Hi,
My situation is, My visa got stamped 2 years back, but I did not able to enter USA till now and Visa is getting expire in 3 months.
My questions are:
1. Can I get extension without entering to US ?
2. Is it possible to get h1 transfer to another employer without entering to US?

Please help.

Thanks,
Saathi.

[Subramanya]

My situation is, My visa got stamped 2 years back, but I did not able to enter USA till now and Visa is getting expire in 3 months.
My questions are:

1. Can I get extension without entering to US ?

---- If you are talking of extending your H1 petition, it is not possible as you have not worked for the employer. You have to at least work for them for some time in order to file for the H1 extension

---- If you are talking of extending the H1 visa, even that is not possible as you have not even traveled to the US and you are not applying for a visa based on youyr H1 extension

2. Is it possible to get h1 transfer to another employer without entering to US?

---- Yes you can transfer your H1 to another employer. Find an employer and ensure that you join them to work and not stay out of the US waiting for some other opportunity

Subramanya

[saathi]

Thanks Subramanya for reply. So my best bet is to enter in US before Visa
expires. But due to economic conditions, my current employer is not interested
to call me US and even it may take longer for me to find new employer.

So is there any way out, in case if I would not able to get any employer before expiration and would it be possible to save my Visa.

Thanks for your time,
Saathi.

[shervin143]

Usually "extension" is a term used when you are already in H1B status. Your current H1B employer can file another petition under the same CAP (That way, you don't have to go through the quota again). When that gets approved, you can go for stamping again and travel to U.S.

The alternate is to find a different employer who can also file a new H1B under the same CAP and request an immediate start date.

You will need a valid H1B visa stamped in your passport to travel to U.S.