H1B visa validity

[aav42005]

Hi, Recently got my H1B visa stamped, the validity of the Visa shows the same as my petition validity i.e., 31/03/2011, its valid just for 6 months as per the date mentioned in the Visa. What should be my next step? Should I get the extension before the visa expires or can it be done even after the expiry date.

also let me know if I can travel with this visa and get the extension done from US only.

I have seen many people getting the Visa validity only for 6 months this time. Is there any specific reason or is it part of the process?


Thanks in advance!!

[shervin143]

Visa will be issued only till the petition expiry date. That is how it works. Visa is just an entry document to U.S (It has to be valid only to enter U.S. To work, all your need is a valid petition and a valid I-94. You will get an I-94 when you enter U.S). You can enter U.S anytime before the visa expires provided you have a valid petition and you have a job in U.S. Your petition can be extended when you are in U.S.

[aav42005]

Thank you for the quick reply.

[aav42005]

My Petition is also valid only for six months from oct'10 to mar'11 as per the 1st page of the petition, what could be the reason behind this, I am from B.Sc background with 3.11 yrs of experience. Could you let me know if I will be still eligible to travel after 31st march 2011...

[shervin143]

Petition is approved only as per the the work itinerary shown by the employer. Your employer wouldn't have been able to show work for more than 6 months. USCIS doesn't blindly approve petitions for 3 years these days.

You cannot travel after the petition expiry date. Your employer should file another petition under the same CAP. When that gets approved, you can travel again with the new petition, valid visa, passport and other documents from the employer.

[aav42005]

Thank you for the reply,

My manager is still saying I would require to go for 1 more extension stamping, Once my role is decided my visa extension process would be started.

Am I being fooled? or is there really a chance?

Also I was going through my petition and LCA, LCA is certified as valid till 08/2013. Can you help me understanding this?

[shervin143]

My manager is still saying I would require to go for 1 more extension stamping, Once my role is decided my visa extension process would be started.
>>> If you already have a valid H1B visa, then you can use that. But in your case your visa will expire by end of this month. So obviously you need to go for stamping again with the new petition.

Also I was going through my petition and LCA, LCA is certified as valid till 08/2013. Can you help me understanding this?
>>> Petition is filed with USCIS and LCA is filed with DOL. Petition is approved only till the LCA is valid. If your job, location, client, wages etc doesn't change from the current LCA, then you can use the same to file the new H1B petition. Otherwise you need a new one.

[aav42005]

So the new petition here means My employer have to file a brand new petition to USCIS in the 2011 cap again and only after the lottery results I will get a new petition..Or will there be any other process as I have not used my visa?

The second stamping I mentioned in my earlier post is about a extension on and not going for a general h1b petition and stamping process.

I know i am asking lot of questions, but I want to get the clarity on this.

Thanks in Advance

[shervin143]

Did you actually read the previous replies properly? It is already mentioned that your employer (same or a new employer) can file a new H1B petition under the same CAP. You are already CAP counted. So you don't have to wait until April to file a petition under a new CAP (or go through the lottery system again).

[vprasadr]

Hi Shervin,

Which date should I consider as "Start date" in a CAP?

Is it - the date mentioned in the first petition approval or the start date mentioned in I-94? I am asking this because, I traveled to the US 18 months after my petition was approved and my petition was valid for 2 years