Valid work permit but visa expired two years back. Renewal possible?

[alephnull]

Hi,

My H1 work permit is valid till September 2012, but my Visa expired on September 2009. Can I still renew my Visa (with the time remaining in my permit), or do I need to apply for a fresh one through quota? The VFS Page seems to clearly say that renewal is possible only if the Visa hasn't been expired for more than one year, but my company attorney is saying that it's possible. Can someone please shed some light? Thanks in advance!

If possible, please help me out with these doubts as well:

1) My wife doesn't have a Visa yet, so can I include her new H4 visa application along with my H1 renewal?
2) My work permit was originally till 2009 and then was extended to 2012. Now, when it expires on September, can I still extend it? If not, would I need to come to India for applying for a fresh one? My total actual duration of stay in US would probably be around 1+ year only, when that happens.

[shervin143]

My H1 work permit is valid till September 2012, but my Visa expired on September 2009. Can I still renew my Visa (with the time remaining in my permit), or do I need to apply for a fresh one through quota?
>>> Visa is just an entry document to U.S. You need the visa to be valid only when you want to enter U.S in that particular status. With that being said, if your current visa has expired, then you can get it stamped again until the renewed petition expiry date.

The VFS Page seems to clearly say that renewal is possible only if the Visa hasn't been expired for more than one year, but my company attorney is saying that it's possible. Can someone please shed some light? Thanks in advance!
>>> Your lawyer is right. This statement has nothing do with getting the visa stamped again. Select the appropriate radio button and proceed with the application. You will be able to book the visa interview. Based on this selection, the available interview slots will differ. That is pretty much it.


If possible, please help me out with these doubts as well:

1) My wife doesn't have a Visa yet, so can I include her new H4 visa application along with my H1 renewal?
>>> Is your wife in U.S now? If yes, then what is her current immigration status. Does she have a valid I-94. The answer to your question depends on all these.

2) My work permit was originally till 2009 and then was extended to 2012. Now, when it expires on September, can I still extend it? If not, would I need to come to India for applying for a fresh one? My total actual duration of stay in US would probably be around 1+ year only, when that happens.
>>> One H1B CAP is for 6 years. So you can keep filing the extension until you reach the 6 year limit on that CAP. Only the time spend in U.S in H1B + L1 status counts against the 6 year limit.

[alephnull]

Thanks a lot for the prompt reply! My comments are inline.

My H1 work permit is valid till September 2012, but my Visa expired on September 2009. Can I still renew my Visa (with the time remaining in my permit), or do I need to apply for a fresh one through quota?
>>> Visa is just an entry document to U.S. You need the visa to be valid only when you want to enter U.S in that particular status. With that being said, if your current visa has expired, then you can get it stamped again until the renewed petition expiry date.

The VFS Page seems to clearly say that renewal is possible only if the Visa hasn't been expired for more than one year, but my company attorney is saying that it's possible. Can someone please shed some light? Thanks in advance!
>>> Your lawyer is right. This statement has nothing do with getting the visa stamped again. Select the appropriate radio button and proceed with the application. You will be able to book the visa interview. Based on this selection, the available interview slots will differ. That is pretty much it.


If possible, please help me out with these doubts as well:

1) My wife doesn't have a Visa yet, so can I include her new H4 visa application along with my H1 renewal?
>>> Is your wife in U.S now? If yes, then what is her current immigration status. Does she have a valid I-94. The answer to your question depends on all these.
>>> Both of us are currently in India. She only holds a passport right now. Will be applying for a visa for the first time.

2) My work permit was originally till 2009 and then was extended to 2012. Now, when it expires on September, can I still extend it? If not, would I need to come to India for applying for a fresh one? My total actual duration of stay in US would probably be around 1+ year only, when that happens.
>>> One H1B CAP is for 6 years. So you can keep filing the extension until you reach the 6 year limit on that CAP. Only the time spend in U.S in H1B + L1 status counts against the 6 year limit.
>>> Understood. However, I assume that when I now renew my Visa, they will set it to expire on the same date as the petition, i.e September 2012, right? If so, then my Visa would be expiring while I am in US. The petition can be renewed while I am still in US, but I would have to come back to India around that time to renew my Visa with that extended petition. Correct?

[kabkaba]

>>> Understood. However, I assume that when I now renew my Visa, they will set it to expire on the same date as the petition, i.e September 2012, right? If so, then my Visa would be expiring while I am in US. The petition can be renewed while I am still in US, but I would have to come back to India around that time to renew my Visa with that extended petition. Correct?

You don't have to come back just for the sake of a visa. You can apply for the visa whenever you leave the US.

[shervin143]

1) My wife doesn't have a Visa yet, so can I include her new H4 visa application along with my H1 renewal? Both of us are currently in India. She only holds a passport right now. Will be applying for a visa for the first time.
>>> Yes, and it is advisable to do so. When you do the application, select the "Family Option". After completing your DS-160, the system will prompt you to fill additional DS-160 for each dependent of yours. Finally, upon submitting the applications, you will get one confirmation number and you both can attend the interview together.