H1b Extension - Important Aspects

[sunandoghosh]

H1b Extension - Important Aspects

Hi Friends,
A Very Warm Happy New Year 2012 to All of You.

I would like to seek one quick clarification in content of H1B extension.

Content - My H1B visa cum Approval Notice expires this year in Sept 2012

My understanding (based on whatever I could understand from reading) is that –

1. H1B extension benefit – one can get 3 more years without applying for fresh H1B in new quota.

Pls verify whether above statement is correct or not.

2.One needs to be in USA for filing extension.
This would mean H1B extension cannot be filed from India. (I have got conflicting responses)

Pls verify whether above statement is correct or not.

3. What’s best strategy to make sure extension is dealt with appropriately?

Example:

Should I stay in USA in project till Sept 2012 or until I get extension (in case extension comes after Sept 2012)?

Or Can I go back to India and later on should come for another project to USA before Sept 2012?

Or Stay in India and get my extension filed from India (in case its possible)?

I would love to go back now to India but don’t want to do it at cost of my H1B extension.

Pls share your views. Thanks.

[shervin143]

H1B CAP in total is for 6 years. If you haven't used all 6 years in a H1B CAP, then you can keep filing new petitions using the same CAP (using a copy of a previous approval notice). It can be done irrespective of whether you are inside U.S or outside. If you are inside U.S while filing the extension, then the approval will come with a new I-94 which will allow you to continue to work. If you are outside U.S, the approval will come with a new I-94 and you will need a valid H1B visa to travel to U.S. By showing the valid approval notice, you will get a new I-94 at the POE which will allow you to work for the H1B sponsor.

[sunandoghosh]

H1B CAP in total is for 6 years. If you haven't used all 6 years in a H1B CAP, then you can keep filing new petitions using the same CAP (using a copy of a previous approval notice). It can be done irrespective of whether you are inside U.S or outside. If you are inside U.S while filing the extension, then the approval will come with a new I-94 which will allow you to continue to work. If you are outside U.S, the approval will come with a new I-94 and you will need a valid H1B visa to travel to U.S. By showing the valid approval notice, you will get a new I-94 at the POE which will allow you to work for the H1B sponsor.

If you are outside U.S, the approval will come with a new I-94 and you will need a valid H1B visa to travel to U.S. By showing the valid approval notice, you will get a new I-94 at the POE which will allow you to work for the H1B sponsor.

If i get you correctly - Pls revalidate this part - If you are outside U.S, the approval will come with a new I-94

I believe approval wont come with I94 is what you meant?

[shervin143]

Sorry for the typo. I meant to say "If you are outside U.S, the approval will NOT come with a new I-94".

If you are outside U.S, the approval will come with a new I-94 and you will need a valid H1B visa to travel to U.S. By showing the valid approval notice, you will get a new I-94 at the POE which will allow you to work for the H1B sponsor.

If i get you correctly - Pls revalidate this part - If you are outside U.S, the approval will come with a new I-94

I believe approval wont come with I94 is what you meant?

[greyhawk]

Traveling to india when have 1.5 mnth left of Visa/I-94 validity.

Hi,

I am in US since June 2011 on H1b.
My visa and I94 are valid till 21 April 2012.

I have raised ticket in my firm for H1B extension now but I heard tht my firm files for extention usually within last 15 days of visa and I94 are validity.

Now,
I am planning to visit india for 2 weeks from 26th Feb to 11th March.

Since this is close to my visa and I94 are validity; is there any risk in having vacation during this period ?

Appreciate your help,

Regards,
Prak

[shervin143]

No issues. But you will get an I-94 only till the petition/visa expiry date. You need enough time to file the H1B extension. Even if you have all the documents ready, it will take about 2 weeks to get the LCA approved. H1B petition need to be filed with an approved LCA. The petition must reach USCIS before your I-94 expiry date. So plan accordingly.

Hi,

I am in US since June 2011 on H1b.
My visa and I94 are valid till 21 April 2012.

I have raised ticket in my firm for H1B extension now but I heard tht my firm files for extention usually within last 15 days of visa and I94 are validity.

Now,
I am planning to visit india for 2 weeks from 26th Feb to 11th March.

Since this is close to my visa and I94 are validity; is there any risk in having vacation during this period ?

Appreciate your help,

Regards,
Prak