H1B_Related queries (renewal from India, never gone to US....

[H1_waiting]

Hi,

Following are my H1B related queries:

1) My H1B visa/petion (which was filled by my employeer) expires on 9-Sept-2011. And I have not been to US.
Can my company send me to US in the month of June-2011 for 1 year assignment. I have heard that I should be in US for atleast 6 months before my visa expires for a long term assignment.

2) Can my employeer apply for my H1B renewal from India itself. I have never been to US and specifically on H1B visa. So can I apply for H1B visa from India?

3) Suppose my company send me to US for 3 months project in the month of May-2011. And my visa are getting expires in September-2011. So can I go there and apply for H1B extension? And extend my stay as per the project requirement?

Please help me on this question... Waiting for your reply..... Thanks ...in advance...

[shervin143]

1) My H1B visa/petion (which was filled by my employeer) expires on 9-Sept-2011. And I have not been to US.
Can my company send me to US in the month of June-2011 for 1 year assignment. I have heard that I should be in US for atleast 6 months before my visa expires for a long term assignment.
>>> When you enter U.S, officers at the POE will give you an I-94 card. The xepiry darte on the I-94 will determine until when you can legally stay and work in U.S. The I-94 is issued only till the petition expiry date. So in your case, you will be allowed to work till September 9th. However, immediately after entering U.S, your company can file an H1B extension. Extension if approved will come with a new extended I-94 card which will allow you to stay and work for extended period.

2) Can my employeer apply for my H1B renewal from India itself. I have never been to US and specifically on H1B visa. So can I apply for H1B visa from India?
>>> Yes. Extension is a term used when you are already in h1B status in U.S. Your's will be a new petition under same CAP (You can call it as extension if you want).

3) Suppose my company send me to US for 3 months project in the month of May-2011. And my visa are getting expires in September-2011. So can I go there and apply for H1B extension? And extend my stay as per the project requirement?
>>> Yes. Extension should be filed before your I-94 expires.