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Questions on H1 extension -- Please HELP

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  • Questions on H1 extension -- Please HELP

    Hi,

    I got visa on 18th Oct 2011 in Hyderabad. Thank you very much for IMMIHELP site and discussion FORUM for the HELP.

    My petition validity end date is 12 April 2012. I have only 5 months validity. I have below questions. Please HELP.

    Is there any possiblity to get Visa expiry date more than 12 April 2012?
    Suppose if get visa till 12 April 2011, how many months before I can go to USA FOR applying reneval?
    How many months before I have to apply for reneval?
    Can I ask my employeer to apply for reneval before I go to USA?
    If not, Can I apply immediately after I reach USA or need to work few months before I apply for reneval?
    Suppose if my employer apply for reneval and If i don't get approval before 12 April, what will be my condition? Do I need to come back?

    If possible please help me to know about complete procedure on reneval and rules.

    Waiting for your reply.

    Regards,
    Naidu

  • #2
    Is there any possiblity to get Visa expiry date more than 12 April 2012?
    >>> Yes. Renew the petition and attend the visa interview again with the extended petition. Visa will be issued only till the petition expiry date.

    Suppose if get visa till 12 April 2011, how many months before I can go to USA FOR applying reneval?
    >>> When you enter U.S, you will get an I-94 at the POE. The documents for extending your status should reach USCIS before the I-94 expiry date for a successful extension. You can file the extension upto 6 months before the I-94 expiry date. If the extension gets denied, then the time spend in U.S after the I-94 expiry date is considered as illegal stay.

    How many months before I have to apply for reneval?
    >>> Read the abive answer.

    Can I ask my employeer to apply for reneval before I go to USA?
    >>> Yes. If the petition gets renewed, then you can travel using the existing valid visa and the renewed petition which will get you an I-94 upto the renewed petition expiry date.

    If not, Can I apply immediately after I reach USA or need to work few months before I apply for reneval?
    >>> You can apply immediately.

    Suppose if my employer apply for reneval and If i don't get approval before 12 April, what will be my condition? Do I need to come back?
    >>> If the extension is applied before your I-94 expiry date, then you can continue to stay and work until a decision is made on your case. If the decision is reject, then you should leave the country immediately. It is advisable to file the extension at least 3 months before the I-94 expiry date.

    If possible please help me to know about complete procedure on reneval and rules.
    >>> Same as applying a new H1B petition. Your employer should know better.
    Not a legal advice. Use of this information is strictly at your own risk.

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