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  • H1B Extension & validity

    HI

    I had an approved H1B Visa petition which is valid till Sept 2011. But i have not trav leed on it yet & planning to travle sometime next month. I will appreciate if some one can reply on below queries

    1) Can i apply for extension of H1 once i reach US in May. If yes, then what are the chances of geting it extend. Please note that i am working for a very BIG US based software company.

    2) In case, if i choose not to fly next month , then can i apply for extension & what are the chances of getting it extend.

    An early reply will be highly appreciated..

  • #2
    Your employer can file an extension petition at any time. If you are in the US in H1 status at that time, it will include extension of status part also. For this part to get approved, you will need to prove that you have been maintaining H1 status by showing paystubs etc. for the period you were in the US in H1 status.
    This is my opinion and not legal advice.

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    • #3
      Many Thanks kabkaba for your reply...

      Can you also clarify that can my employer file an extension of my H1 petition , even i dont visit US on the current H1. As in that case i will not be having any pay stubs etc.... & how are the chances now a days of H1 getting extended.

      Thanks & Regards

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      • #4
        As stated above petition can be filed anytime. You will need paystubs only for the time you spend in the US in H1 status.
        This is my opinion and not legal advice.

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