Can we extend H1B visa from India without travelling even once to US ?

Hello All,

I got my H1B Visa petition approved from Oct 2015 till Sept 2016. i.e only for one year.

Unfortunately i cannot travel till Sept 2016, and want to travel after that. Have not stamped my visa yet.
Below is my set of questions.

  1. Will i be able to apply for an extentions from India without travelling ?
  2. If Not, Can i apply for a new petition, even before my current petition expires on Sept 2016 from the same employer ?
  3. If i apply for a petition will i be eligible to apply for this petition without CAP ?
  4. What if my petition expires on Oct 2016 ?, will i be still eligible to apply for a fresh petition without CAP?
  5. Also is it wise to do the Stamping, or it doesnt matter ?

Thanks in advance !

  1. A cap-exempt petition can be filed while you are still outside of US

  2. “Extensions” as a term can be filed while you are in US. But an employer can file cap-exempt petition even when you are outside US

  3. Yes

  4. The cap-exempt petition can be filed within 6 years from original H-1 effective date

  5. If stamp has expired, you need to reappear for one after getting the new petition. If stamp is still valid, then no need for another visa stamp until its approval date.

Thanks Saurabh !

One more concern.

If I switch my job without transferring my H1B, and later after 2 years if I want to apply for a new petition from my new employer, will I be still eligible without cap ?

Can my current employer cancel my visa or do something which makes me ineligible for without cap?

Yes, you are cap-exempted for next 6 years.

Hi Rahul,

Did you applied for cap-exempt petition and were you able to travel after Sep 16 2016. I have similar issue. Can you please provide latest updates on this from your end