H1b Stamped till 12 sep 2012,Pitition approved from sep 2009-12 sep 2012-stil in Indi

[aryad]

Hi Friends,
H1b Stamped from 23 july 2012 to 12 sep 2012,Pitition was approved from sep 2009-12 sep 2012-still I am in India and company planning to send me asap in 1st week of Aug 2012 as they cant able to send me in these 3 years due to project constrains.
Can somebody suggest me what will be steps of extension once I got to US.
I am very confused as visa is only valid till 12 sep 2012.Can I stay there after Visa is expired or not.If extension was approved then should I come back to india for get the new stamping?
Please help me asap so that I can take a dision in this regard of going or not going to US on this visa asap

[shervin143]

Visa is only an entry document to U.S. The H1B visa in the passport only need to valid as of the date of entry into U.S in H1B status. It doesn't need to be valid for you to stay in U.S. When you enter U.S, you will get an I-94 at the POE and that will determine until when you can legally stay and work in U.S. I-94 will be issued only till the petition expiry date. You can file an extension of status and if approved, the extension will come with a new I-94 and that will allow you to continue to stay and work in U.S even after the visa expiry date. Extension need to be filed before the I-94 that you receive at the POE expires. In your case, you need to file the extension immediately after reaching U.S. Alternatively, you can ask the employer to start the process asap like getting the LCA ready which is essential to file the H1B extension which will take about 10 days. You can also file the H1B extension before your travel in premium (Decision will come in 15 days) and then carry both your old and new approval notice and show it to the offcer at the POE and get an I-94 until the extended petition expiry date.

[aryad]

Thanks ,please let me know how can I file for extension while in India

Visa is only an entry document to U.S. The H1B visa in the passport only need to valid as of the date of entry into U.S in H1B status. It doesn't need to be valid for you to stay in U.S. When you enter U.S, you will get an I-94 at the POE and that will determine until when you can legally stay and work in U.S. I-94 will be issued only till the petition expiry date. You can file an extension of status and if approved, the extension will come with a new I-94 and that will allow you to continue to stay and work in U.S even after the visa expiry date. Extension need to be filed before the I-94 that you receive at the POE expires. In your case, you need to file the extension immediately after reaching U.S. Alternatively, you can ask the employer to start the process asap like getting the LCA ready which is essential to file the H1B extension which will take about 10 days. You can also file the H1B extension before your travel in premium (Decision will come in 15 days) and then carry both your old and new approval notice and show it to the offcer at the POE and get an I-94 until the extended petition expiry date.

Thanks ,please let me know how can I file for extension while in India as my mobility people says it can only be possible once you have reached US

[shervin143]

They will have to file a new H1B petition using the CAP from your previous H1B approval notice. Since you are outside U.S, the petition will have to filed for consular process and so the approval will not come with a new I-94.

Thanks ,please let me know how can I file for extension while in India as my mobility people says it can only be possible once you have reached US