Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B renewal (steps for processing)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B renewal (steps for processing)

    I'm here in the states on H1B which will expire in Sept 30, 2011. I797 also shows the same expiry date. I-94 expires Oct 4 2011, driver's license expires as the I-94. I would like to apply for the renewal of my visa on my own. Can someone please list a step by step procedure on how to do it? I read articles here and there in the internet and I still get a bit confused. Does my employer still have to file a new LCA when the original LCA filed for me is still valid up to Sept 30, 2013?

    Need urgent help please!!!

  • #2
    Only your employer can apply for an extension. And he can get a copy of the LCA.

    Though he should have started the process way before now - there's less than a month and week for your current authorized stay to expire.

    Comment


    • #3
      thanks mickey mouse

      what do you mean by "he can get a copy of the LCA" ? is it: apply for a new LCA or just use a copy of the previous LCA?

      Can somebody/anybody else please itemize to me the process for H1B renewal? I'd really appreciate your help!!! Thanks!!!

      Comment


      • #4
        H1B is an employer's petition and your H1B extension need to be filed by your employer / employer's attorney. You need to have a valid LCA to file the H1B extension. If you file the extension with the current LCA, then the H1B will be extended (if the extension is approved) only till the LCA expiry date. If you have a LCA for three years, then the H1B can also be requested for another three years (Assuming you still have 3 or more years left in your 6 year H1B CAP). The application to extend the status should reach USCIS before your current I-94 expires. USCIS recommends that you file the extension at least 45 days prior to your I-94 expiry date.

        Check the below link for the instructions to file the petition.
        https://www.immihelp.com/filing-h1b-petition/
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          thanks shervin

          meaning, I err... my employer can use the current LCA then, correct? If correct, in item 1B in that application, it states there that my employer is applying for a new petition and not extension. Would it NOT matter????

          Thanks!!!!


          By the way, I know about those stuff: employer as the petitioner, expiration of the visa soon, attorney representing employer etc etc etc. I'm just helping my employer, she hired me directly and had an attorney do the work for my petition to come here. Now I'm trying to figure out a way to help her with the paper works because she doesn't know anything about it and I do. I'm just pretty confused about this LCA. I wanted to make sure if I errrr my employer can use the LCA she used for my first time petition or should she apply for a new one. I personally talked to a paralegal about this and she's also not sure... what?????
          C'mon guys! help me out!!!

          Comment


          • #6
            and by the way, my visa got approved aug 3 and i came in aug 15th. pretty tough huh!!!! what are my chances of getting kicked out of the country???

            Comment


            • #7
              You are not being clear. Why doesn't your employer hire an attorney again if they have no idea.
              This is my opinion and not legal advice.

              Comment


              • #8
                thanks guys!!!

                I have now called the dol, uscis, and the visa department of travel state and they did have answers for me. Whether your replies answered all my queries on not, I appreciate it very much that you took time to answer me back.

                Comment


                • #9
                  Query on h1b extension

                  Please reply..........
                  I had my H1B VISA I-797 petition approved on Aug-2012. I travelled to US on June-2013, stayed in US for 4 months and came back to India.

                  1. Am I eligible for H1B VISA extension with the existing Petition now?
                  2. Or Do I have to file a new petition under HNSC (H-Not Subjected to Cap)

                  Comment


                  • #10
                    PrashantBavane

                    Originally posted by ashokiie View Post
                    Please reply..........
                    I had my H1B VISA I-797 petition approved on Aug-2012. I travelled to US on June-2013, stayed in US for 4 months and came back to India.

                    1. Am I eligible for H1B VISA extension with the existing Petition now?
                    2. Or Do I have to file a new petition under HNSC (H-Not Subjected to Cap)
                    Yes , You are eligible under H1-B Cap exempt ( no lottery again) but almost same process as filing initial lottery petition.

                    Comment

                    {{modal[0].title}}

                    X

                    {{modal[0].content}}

                    {{promo.content}}

                    Working...
                    X