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extension of H1B petition validity

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  • extension of H1B petition validity

    Dear Forum members

    I am working for an Indian IT MNC through which I applied for H1B visa in 2009. My petition got approved with a validity till May 2012.

    However there were project delays and later due to personal reasons, I had to stay in India.
    So I did not go for stamping my H1 visa.

    Now I believe that sometime later next year (after May 2012) I might get opportunities in US.
    Is it possible for me to extend the validity of my H1B petition.

    Kindly note that my query is for extending the petition validity and not the visa validity. I am currently working for the same employer in India.

    Thank You

  • #2
    Yes, the employer will have to file the petition and after approval you will have to apply for Visa. You will not be subject to annual cap since you have been cap counted, until you spent 6 years in the US in H1 status.
    This is my opinion and not legal advice.

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