I got my H1B visa extension approval notice just a day before my first 3 year H1B visa and I94 were expiring. I have experienced some real nervous days in US when I had to wait for my H1B visa extension. I was not sure about my future as some of my friends got H1B extension denied or got RFEs. Anyways, the point is I could have avoided some of those tensions if I had planned well. I will explain few things that might be helpful about extending your visa.
When to file H1B visa extension petition ? What is USCIS Guidance ?
USCIS only allows you to apply for H1B visa extension 6 months before the expiration. USCIS guidance for general form I-129 filing, which is used for H1B petition, is that you cannot file more than 6 months before the start date of the employment. The same applies for H1B extensions that are filed using Form I-129. See below from form I-129 instructions. 
What it means is, let’s say your H1B visa is expiring October 1st, 2019 then you can apply your visa petition anytime after April 1st, 2019. The question arises is, How soon should you start the H1B renewal process ? It depends, the sooner the better. Ideally, USCIS takes anywhere from few weeks to few months months for processing the H1B visa petitions. If you are not applying for premium processing, you should apply at least 3 months before your H1B is expiring. It gives enough time for USCIS to process the application.
There are cases where they take longer, but at least you planned ahead of time. What it means is, you should talk to your employer and attorney at least 4 months before your H1B visa is expiring and get the ball rolling. They may need some documents and you might need some time to gather them. Also, with the New H1B rules after Trump and previous rules for H1B Extensions like Employer -Employee Relationship, you should do it as soon as you can as there may be more paper work from your employer side and USCIS may take longer too.
What if your H1B extension was filed, but USCIS has not processed your application yet and your H1B visa expired ? Can you still work ?
Employees with pending H1B visa extension petitions with USCIS are authorized to work for up to 240 days or until USCIS Denies H1B Extension petitions, whichever comes early. You can read complete details with references at H1B Visa 240 days Rule for Extensions . As long as you have filed the H1B extension before the expiration of your status and I-94, you are good. You can keep working until you get a response from USCIS. You do not have to worry about anything because as per law, you have done your job and you are waiting for USCIS to respond. Always keep checking with your attorney and raise case inquiry, if it is getting delayed.
Is it worth doing Premium for H1B extension ? How long does it take ?
Well, the answer depends on your need. If you switching employers, then it may a good idea to do premium processing. But, if you are applying through the same employer, you may avoid spending extra $1,440 US dollars for premium processing. But, in recent years, since Trump Administration took office, many RFEs are given by USCIS and it can be tricky to keep hanging in there. So, you should consider premium processing, if you can convince your employer. The good part is you can plan your options, if you have a decision before your H1B expiration. Typically, USCIS guarantees the premium processing time for H1B visa is 15 Calendar days.
How much does it cost for H1B visa extension ?
The extension filing fee is same as filing a new H1B visa petition except if you are filing H1B extension through the same company, you do not have to pay the $500 Fraud detection/ prevention fee. Check out H1B Visa Filing Fee Summary to get an idea. You should check USCIS website for correct H1B filing fee, as they revise fee every year or 6 months.
You must also read : documents needed for H1B visa and filing fee for full information on what NOT to give and what to give…
Consequences If no H1B visa extension approval document by the visa expiration date:
- You will have an expired driver’s license, unless you were proactive and contacted the DMV and they agreed to give you an exception. You cannot really drive because your drivers license will be expired and it is illegal to drive with an expired driver’s license. You can read my horrible experience with expired driver’s license and H1b visa expired situation issues
- You do not really have any legal ID given by US government because you may not have driver’s license. You will have to carry your passport all the time for any travel or going to bar. Imagine, you going to bar with a passport and you losing it ? not so good… This is a very critical thing for travel.
What has been your experience with H1B Visa Extension ? Please share your thoughts.
Image Credit : http://www.flickr.com/photos/queenneveen/2792689962/
Hi Saurabh,
I’m in a unique situation here. I have a couple of H1B visa transfer related questions:
I had worked for a financial institution in the US from 07/08 to 07/11 as a full time employee, but due to some reason the company was unwilling to extend my H1B visa beyond 07/11 as a result my H1B(I797) expired on 07/13/2011 and I-94 was expired on 07/23/11. I had filled for a H1B visa transfer through a consulting firm A with an application receipt dated(07/13/2011) in regular processing.
I later got a better offer from company B and this company has also filed a H1B visa transfer for me with application receipt dated(08/22/2011) in premium processing so I started to work with company B from 08/22/2011.
At this point I got an RFE on 09/02/2011 for petition filed from company B asking for (paystubs and approval notice from company A), but unfortunately company A has withdrawn their H1B visa petition which was also updated in USCIS case status on same day as RFE which is 09/02/2011.
My RFE was responded by providing the paystubs and receipt notice from company A.
My Questions:
1)What are my chances of getting an I-797 and I-94 approved with company B.
2) Assuming that I only get the I-797 approved without I-94 extended, do I need to go only to home country for stamping or(canada or mexico is an option)?
3) I’m really worried to go to home country for stamping as I hear that the chances of getting approved are very slim these days, are there any other options for me?
I greatly appreciate your responses!
Regards,
Mohan
1. Your petition may still get approved if you are able to show that you maintained legal status all the while i.e. got paid by either A or B once you left the financial institution.
2. As this is not your first H-1 stamping, you may still go to CA/MX for stamping. But remember, there is always an associated risk that your visa will not be granted, in which case you will have to return to home country for visa stamping. So unless it’s really necessary to get visa stamped, avoid that route. So have the back-up plan in mind when traveling to these countries.
3. The only option is CA/MX or home country. If B is a consulting company, then yes you may get stuck w/ administrative processing when going for stamping. However, if B is a major reputed company, then chances of quick approval are higher.
Thanks for the quick response Saurabh !
I have a follow-up question based on your reply:
I’d like to know, what if my petition were to be approved with consular processing required for I-94 extension, in this scenario should I travel to home country for stamping? (or Canada/Mexico would be an option).
FYI company B is a consulting firm.
My response is same as #2 earlier. You can try to go CA/MX, but you always carry the risk of getting stuck in administrative processing. As you will be working for a consulting company, chances of this are higher. So it may be a better idea to get it stamped from home country, so that in case you are stuck, it doesn’t become expensive for you to stay and wait.
hi,
H1B visa ,I94
i have a problem.
my company had applied for my H1B visa extension before my visa expired i.e july 2011. i also got my receipt number before my visa got expired and my status is in initial review. i have to travel to india in mid of october for my marriage.. i may get the approval status at the beginning of october.. but i may receive the petition I94 on the end of october. so can i leave U.S with the approval status? will there any problems when i enter the U.S port? will my visa will be abandoned?
If you leave US while your extension is pending, I-94 extension would be abandoned and the only thing USCIS would do is 797 extension. The new 797 would arrive w/ I-94, or even if the I-94 is attached, it would be of no use as you would have left US.
I don’t know when your visa stamp in passport is expiring. If it has not expired, then it’s fine; else you will have to go for H-1 stamping for which you need an approved unexpired 797.
To return back you need an unexpired visa stamp and an approved unexpired 797. As long as you have these before you board the flight to US, you should be fine.
Hi Saurabh
Thanks for being patient to give wonderful replies, after reading thro’ your answers I’ve like to raise a question to you about my case.
My 6 year visa is going to end in June 2012, my company is planning to file Labor now and it is advertisement stage. Will I get any issue on my 7th year extension since my labor file date will be less than 365 days?
Really appreciate your help
Yes, there can be issues if labor has been pending for less than 365 days. There are couple of things you can try:
– recapture the time spent outside US. Only the time spent within US is counted towards the 6 year clock
– leave US after your GC is filed and once labor is approved, file for 7th year extension and return to US (talk to your attorney to know more about this option)
Hi Saurabh,
My friend is in USA with H1 Visa, which will expire on 1st Oct. He has applied for visa extention and he has been asked to submit document from his work place stating that they require his extention.He is not sure wheather company will give such kind of document. He is waiting for his extention. Pls tell me how much time it can take to get extention? Let me know for how many days he can stay in US after expiration date of Visa? and on what basis and reason of rejection of extention ??
Did your friend apply for extension or the employer? Only the employer can file for extension, and if the employer applied for extension then they should be ready to provide the documents.
He can continue to stay and work on H-1 up to 240 past his I-94 expiration date (assuming his extension is pending). In case his extension is rejected, then he has to leave ASAP.
Hi,
I have around 7 years of experience in IT and willing to move to US asap. But at this point I have no sponsor.
I have recently been contacted by an immigration consultant based in India. The consultant gave me a positive feedback after seeing my resume. The consultant says that there are high chances that I will get a company who will sponsor my H1B visa. The consultant says they have contacts in US and those contacts will arrange an H1B sponsor for me.
One notable thing about the consultant is that he did not ask for fee immediately but only after sharing my CV with their US contact. Could you advise how safe is it to go ahead with this.
Cheers,
Nadia.
More than that middle man, what matters is the actual employer who would sponsor the H-1. These middle men are there to keep their cut and usually they don’t care about your well being. So do a thorough check of the employer before proceeding. In the past, there have been cases when the middle man just ran away, and you were left hanging w/ no where to go.
Success of the petition also depends upon the employer. Also, legally the employer is suppose to pay for H-1 fees.
Hi,
My visa expired on 2nd Sep 2011 but my I 94 is valid till 12th Sep. There was some unprecedented delay at my employers side in filing extension before 2nd. Can they still file before 12th and I dont have to leave US
Are you on H-1 or L-1? If H-1 then when did your 797 expire, and if you are on L-1 then when did your I-129S expire? Expiration of visa stamp in the passport doesn’t impact extension.
I am on H1. Visa stamping expired on 2nd Sep but I 94 still valid till 12 Sep. Can it still be filed for extension.
An extension can be filed if the person was already in valid status at the time of filing. This is demonstrated by having a valid unexpired I-94 (which you have) and an unexpired 797 (which you don’t). The company can still apply for extension, but I can’t say for sure whether it would go through or not, as it wasn’t filed timely. Your employer may try to respond to any RFE that USCIS issues w/ this respect. You should also check w/ a lawyer if you are eligible to stay and work in US given that your extension was filed after 797 had expired.
Good luck!
I 797 expired on 2nd Sep
Hi Kumar,
Thanks for the information. Is it possible to convert the H1B visa extension application from Normal processing to Premium processing, Once the extension application is filed? My extension application is filed under normal processing two days back. Thanks in advance.
Yes, it can be done.
Saurabh, Thanks for the reply.
Hi,
My H1 is expiring in aug 2012 and I am planning to travel in May 2012. After reading above q&a’s looks like that should not be a problem. However I had a couple of other questions
1) Is it ok to file the extension after I come back?
2) If my extension application is pending while I travel, I would be getting the 797 without the I-94. However I dont intend to travel for a year after may 12. So can my company file for extension of I94 date based on approved petition once my current i94 expires in aug 12? And how long does that process take (if possible) or else do I have to compulsorily go for stamping?
3) The processing time for pp is 15 days, so does it mean total time or is it possible to be delayed by glitches?
Thanks
1. Extension can be filed anytime prior to expiration of current petition and I-94 (when filing from US)
2. Extension needs to be filed prior to existing I-94 expiration date. Process takes 2-6 months (premium processing option is also available). If extension is approved you can continue to stay and work until new 797/I-94 expiration date. You need to get H-1 stamped only when you travel outside of US next and want to re-enter on H-1.
3. If no RFE is issued then 15 calendar days is the time. If the RFE is issued, then the timer stops the day RFE is issued and starts again once USCIS receives the response.
Hi Saurabh,
Thanks for the quick response. That was really helpful! However I think I need to rephrase my 2nd question
Assume that my company applies for my extension in april when my I-94 number is x. Now I travel in may when that application is pending. When I come back, I will get a new I-94 number say y. So when I get my approval what I-94 number will it have (x or y)? Is it a separate process to get it updated with the new I-94 if it has x? If yes is it a lengthy process too?
Thanks
If you leave US while your extension is pending, then it would be abandoned. Even after it gets approved, your I-94 would be y and not x. Extension would needed to be filed again to get a longer I-94 date.
Hi,
My got H1b in 2008 and it expires on Sep 26th, 2011. But, I have not done the stamping yet.
1)Is it possible to do stamping now ( Since only 28 days left ) ?
2)Is it possible to extend the validity ?
3) Any other suggestion..
thanks
1. Yes, but you would need lot of documents from the employer.
2. Employer can file for extension.
3. I would suggest to go for stamping only if the employer is still willing to hire you and bring you to US. Otherwise it’s better to find a new employer and have him file the petition for you. Based on your current petition, you won’t be required to be counted in the quota again.
Hi Saurabh,
Thank you very much for your replay,
One more doubt, regarding the suggession (3), You mean to say that if a new employer is ready to file the petition for me, I am not requied to go for the lottary system again ?
1) how long it takes ?
2) any idea abut the fees ?
3) whether i need to do it before ( 26/Sep/2011) , Since the validity expires on 26 Sep 2011.
Thanks and regards
Swapna.
1. 2-6 months or longer if RFE is issued. When filed w/ premium processing it can be adjudicated within 15 calendar days.
2. You can check on the USCIS website, or on this blog (Kumar has written an article on it). It may vary from 2000-4500 depending upon employer. Attorney fees and premium processing fees are separate.
3. It can be applied even after the petition has expired.
Hi,
My H1B expires on Sep 26th, 2011, I am in Inida , Is it possilbe to extend my visa ?
Thanks in Advance
Yes. However, the employer should be willing to file the extension. First the petition needs to be extended and then you would need to go for visa stamping (assuming visa stamp gets expired by the time your petition gets approved).
Hi,
Last year I got the H1B visa for 1 year (Dec 2010 – Dec 2011) and currently I’m working in US, my visa is going to expiry in 26th Dec 2011. till now I didn’t had any discussion regarding my extension and future course of action and i feel they will process fro the same. After reading your answers to various question i got fair idea about the process and timeless but here I have one question – Do i get the extension of another 1 year or will get the extension of normal 3 years?
Thanks in advance.
The time period would depend upon what your employer requests and what USCIS finds reasonable. If they request for 3 years, show a project for 1 year, then USCIS may conclude they have funds to pay you only for a year and can issue petition for 1 year. If they show a project for 2 years or so, then USCIS can even issue it for 3 years.
Hi,
My H1B expires on Oct27 2011. I have my extension approved , new I797,I94 till Mar 2013. I am going for a short trip to India but will not be able to go for the visa stamping. Is it fine I return by oct 16 th with my previous unexpired visa? Will there be any questions at the PoE?
Thanks!
There shouldn’t be. Remember to carry your new petition and show it at the PoE.
Visa stamp is just an entry document, and once you are in US, it really doesn’t serve any purpose.
Hi,
I m in US on H4. My husband’s h1 visa is expiring in feb 2011. We have applied for visa extension. Now me alone is traveling to India in sep 2011 for 2 months. Will there be any problem? Should I cancel the trip till our visa gets extended?
Thanks
His extension would go through, but yours will be abandoned if you leave US. On your return, if you have the extended petition you will receive I-94 until that date and you are all set. However, if his extension is still pending, you will receive I-94 until the expiry of current petition and you will have to re-file for your own extension.
Ohh I made a typo mistake…the H1 is expiring in feb 2012. We have valid visa through entire journey ..although we have begun the extension process .that’s why I had query if I can face some problem while entering US in oc 2011.
There shouldn’t be any issues while returning. Carry documents related to his employment to show that he has been maintaining status. Your I-94 date would depend upon the petition expiration date. So if his petition has expired, and the new one hasn’t arrived, you may not be able to return.
H-1B Regular Processing
Category: H1B , Regular processing
Center: VT
Receipt date: June 13th
Status: Initial review
My visa status : expire on Sep 27th 2011.
Applied for first extension for both me(h1) and my spouse(h4).
My Question:
1. How long it takes to get approve H1b -ext ..?
2. My spouse want to travel to india in sep 22nd 2011, which before I94 expires…sep 27th.. will this affect my h1/h4 extension and visa renewal ..?
if she visiting to home(india) country
3. if it approve will they issue New i94 for both ..?
4. In order to get the info of approval/denied notice do i need to up to premium process..?
5. Any how am(me(h1)) not traveling with her..fyi… but will it affect my extension.
6. Also for I94 will is there any problem for that. ..will it affect h1/visa/ext ..?
7. If my spouse is visiting india ..will it affect my h1b..?
8. while returning will it cause any problem on port of entry if the h1 approved. will it affect stampping …?
Please clarify do the needful.
Thanks
krishne
1. It may take 2-6 months. In case RFE is issued, it can take longer.
2. Her extension (I-94) would be abandoned. I assume her visa stamp is also expiring. She would have to wait for your approval to come through, then go for her H-4 stamping and then enter US on that new stamp. If her H-4 visa stamp is not expiring, then she enter US once your new petition arrives.
3. Yes if extensions are approved, both of you would get new I-94s. They would have the same number but a future expiration date.
4. In order to get the info, you just need the receipt number and then track it online. Premium processing is used for faster service i.e. you want the petition to be adjudicated within 15 calendar days.
5. It won’t effect your extension, but hers. Read 2.
6. Read 2
7. No
8. Read 2
hi
thanx for ur input to the queries….
i am not clear with your response…apologise me for asking u the same once again…
1)whether my spouse can travel to india before getting approval for her extension and i-94…
2)my spouse need to travel to india by sept 22 /11…if there are chances that her extension get delayed by one more month say by october….then wil she make that trip by sept 22 or wait til october and get the i-94 and then need to plan for the same….
3)if my spouse leave to india by sept 22….wil she get the new i-94 or it get abandoned…?if it get abandoned how can i go further to arrange for her return trip to US..?
4)once she leave the US on sept 22 and if i want to make her return trip to US say after 6 months…how to go about the same….
5)in case if both h1 and h4 got approved ..is there need for her to wait here , collect the documents and go for india..??whether she need to carry those documents…??
6)whether there will be any problem in her visa stamping if her extension got abondoned .i,e if she leave US before getting extension approval
4
She can travel to US anytime she wants. The moment she leaves US, her extension would be abandoned.
However, for H-4 stamping and also to return back to US, she needs to have a copy of your approved petition 797. If your H-1 has been extended by that time, she can carry that copy and she would be issued a new stamp and I-94 based on the expiry date mentioned on that 797. If your H-1 hasn’t been extended by that time, then she cannot go for stamping and return to US. During the stamping, they can question her about your job, employer etc.
In other words, it’s not necessary for her to stay in US and carry the documents w/ her for stamping. She can leave now, you can send the documents to her (when they arrive) and she can go for stamping then.
hi
Thanks for your valuable input………thanks a lot……
Hi Saurabh,
My husband is currently in USA and has filed for his H1B extension and still waiting to hear whether it got approved/rejected. He received I-797C from USCIS.
I’m in India and want to visit him. I had H4 visa which is now expired and hence I cannot travel.
1). Can my husband apply B2 (Traveller visa) for me so that I can travel to USA for 5-6 months?
2). Can he apply for my H4 now as he has received I-797C notice from USCIS?
Is there a restriction that he needs to wait until he gets approval notice for his H1B visa?
Could you please guide me in this regard.
1. I am not sure if it would go through. B-2 visa is not a dual intent visa. When the officer sees that your husband is still in US, he may decide not to issue B visa (as H is a dual intent visa).
2. He doesn’t need to do anything w.r.t. your H-4. You need to go for H-4 stamping and need to have an approved petition for that. I don’t think they would issue a visa on the basis of 797C, and you may have to wait for actual approval notice before going for stamping.
His petition can be upgraded to premium processing if you want to receive a quicker result.
Hi Saurabh,
Thanks for your response.
Could you please tell me what do we mean by dual intent visa?
Since we cannot apply for H4 until we get an approval for his H1 extension, can we apply for visitor visa(as we are not sure how long it would take to process his H1 extension)?
Regards,
Sujata
H-1 visa allows one to immigrate to US by filing GC; while B-1 doesn’t allow one to file GC. That is why H visas are dual intent (allows one to either immigrate and non-immigrate), but B-1 is not. That is why the officer can deny issuing B-1.
You can try to apply for B-1 visa, but like I said earlier, it may not go through. Check w/ a lawyer before applying. Your husband can upgrade his petition to premium processing and that could fasten up the process.
Hi Saurabh,
Thanks a lot for your response!
Regards,
Sujata
Hi Saurabh,
I am thrilled with all the conversation here. Now I also have a small question. My curernt VISA stamping and H1B petition is expiring on 12/26/2011. I am applying for extension in Premium Processing. Because I have to travel to India in Nov and coming back on 12/2/2011. When i will come back, at the POE, if the officer is inexperienced and he will give me I-94 till 12/26 even after showing new approved petition, then which I-94 will be valid? I assume that till 12/26, the I-94 i got at the POE will be valid and after that, the I-94 on the approved extended petition will be current. I just want to make sure that my assumption is correct. Also lawyer suggested that in this situation, i need to go thru deferred inspection process to correct I-94 expiry date at the local USCIS office.
What is your suggestion?
Thanks,
Jignesh.
Once you leave US, your current I-94 will no longer be valid. The new I-94 you receive on return will govern your stay period in US. Your employer is correct about the I-94 extension.
Hey Saurabh,
My H1B expires on October 17th, 2011. I have already applied for an extension on 7/15/2011. I applied exactly three months before my expiry date.
However, I have a business trip to Canada during October 4th to 9th. My attorney says, there is a chance that I may not have the extension approved before my travel to Canada. So he is suggesting to do premium processing.
I am wondering if I can take the risk and make the trip to Canada with just my receipt notice of extension filing. With about a week left on my visa, do you think this is a huge risk at the port of entry in US when I get back from Canada?
Any thoughts you have will help.
Thanks
Prem
You can still return w/ a week remaining on your visa. However, the I-94 you would receive at PoE would be based on your existing petition. New 797 would come w/ no I-94 as you would have left US in b/w, and need to file extension again for I-94.
A better route would be to get H-1 extension and then leave US, so that you can get a longer I-94 when you return.
Thank you Saurabh!
Hi,
My H1B extension is filed and I am yet to recive receipt of file number. I am travelling to India on the day my VISA expires and will land in QATAR the day after my VISA will expire and finally to India 2 days after my VISA will expire.
Please let me know if there will be any problem for me at DOHA airport if he I reach a day after my VISA expires and didn’t have acknowledgment from USCIS that my extension application is received.
Doha airport shouldn’t be concerned about your US visa. You are travelling to India, and so if they are concerned then it should be regarding your India leg of the trip.
I got my H1B Visa stamped on 8th Aug 2011 but my Visa expiry date is 30th Se p 2011 since my H1B petition was valid till 30th Sep 2011 only.
I am traveling on 27th Aug 2011 with just 30+ days visa validity, can you pls. answer these
1. Will there any problem at port of entry ?
2. Can we file extension of h1b petition before entring into US i.e without I94? so that I can carry that extention receipt during travel ?
1. You may be asked about the short visit. You can reply saying the employer found the project late (provided you have a project), and your employer plans to file for extension soon after you enter US.
2. Yes, extension can be filed while you are outside of US. USCIS will review the documents and adjudicate on it’s basis.
Thanks a lot Surabh for your reply.
Hi Saurabh,
My VISA & I-94 will expire on Aug’20, 2011 and my extension has been filed with UCIS on july’27, 2011 and yet to receive file number from USCIS. I am travelling to India on Aug’19, 2011, just a day before my VISA expires and will not come to US until my Work Permit gets approved. Can you please let me know if it is OK to travel to India on Aug’19, 2011 without receiving receipt of the file number.
Please update me on this ASAP.
Thanks
Sunil
That should be fine. Your petition would still be processed (is it H-1?), while you are outside of US. Also, you cannot re-enter US w/o a valid unexpired visa stamp, for which you need an extended approved petition.
Thanks Saurabh. My VISA type is H1B. I understand that I cannot re-enter US without approved petition. So, I can travel to India on Aug’19 without receiving receipt of file number from USCIS.correct?
Correct. Receipt is sent to the employer. He can very well share it w/ you when you are outside of US.
Thanks for the quick response..I am relieved now
Hi Saurabh,
I was under the impression we can not leave US until we get our extension approval from USCIS. Also, even if our current visa is expired we can carry on with our jobs on the basis of receipt number that we get when we file for extension. Please correct me if I am wrong.
Much Thanks!!
If one leaves US while extension is in progress, then the 797 will still be processed and approved, but there would be no accompanying I-94.
If you are referring to expiration of visa stamp, then that can very well expire while you are in US and it doesn’t impact you. If you are referring to 797 petition, then as long as you have a pending extension/transfer, you should be fine (assuming you are working for the employer).
I recently joined new company after my I140 approval from previous company. The new company has applied for H1B transfer and extension in a regular processing and I have received the receipt for the same. I am insisting new company to make it premium processing since with new job I have to travel internationally even to my home country. Company lawyer says that with my old H1B stamping which is till Decemeber of this year, and new receipt notice, I am good to travel abroad. I am not sure if lawyer is right or not. I do not want to get stuck in some other country or home country because of not having approved H1B papers. Anyone can help me with suggestion if lawyer says is right or not and if you have any experience of such situation?or should I just pay from my pocket to make it PP? Thank you in advance for your time.
He is right. Based on receipt notice and existing visa stamp, you can travel in and out of the country.
Hello Saurabh,
I was in USA on H1B for one year & returned to India in April 2011 due to project completion. My H1B is expiring on 14th Aug 2011 my questions are
1. Can i submit for Visa extension as there is only 10 days validity.
2. Can i extend my H1B staying in india.
3. Can i travel to US a week before my visa expiry. Will there be any problem at the POE.
1. Can i submit for Visa extension as there is only 10 days validity.
No
2. Can i extend my H1B staying in india.
Yes, you need to find an employer who can file for your extension
3. Can i travel to US a week before my visa expiry. Will there be any problem at the POE.
Not sure, but i think there will be a problem. IF the officer asks for proof of current employment
Note: Not a legal advice and its only from my own experiences and knowledge.
The extension can be filed from outside US even when only 10 days are left on original petition. However, it needs to be filed by the employer and not you.
What will you do by traveling when your petition is so close to expire? Does your employer want you to work for him in US? Does your employer plan to file extension for you as soon as you enter US? If no, then you cannot travel to US.
Hi Saurabh
I have a problem here. I have H1B visa valid till Dec 2011. Right now my employer is waiting for more projects to come possibly it could take 2-3 months(worst case even longer). Meanwhile I have to apply for my H1 extension and my employer suggests going back after applying for extension.
The time I get my extension approval (I will be in India) my employer will also get projects and they are suggesting coming back then.
My question is will I get extension approval when I am in India. i.e I should travel back after applying for extension.
Will there be any problem?
Again the choice depends on me. I have option to apply and wait till approval comes or I can apply extension go back India and come again when I get my extension approval.
Will USCIS consider it as extension or will there be any problems?
Your extension would continue to process even if you leave US. The only thing that would happen differently is that no new I-94 will be issued. I don’t see any issue in filing now and then leaving US. You may have to get H-1 visa stamped in passport if that has expired. To go for stamping, you would need an approved unexpired petition. So you will have to wait for new 797 before going for stamping.
Hi,
Really a nice blog! Read all the question answer threads, but couldnt find answer to my situation.
My H1B visa expires this November. Due to some budget constraints, my project in US got cancelled and I am flying back to India this week. I am not certain if I can come back to US again before my visa expires.
In such a case, is there any provision for applying for extension from India? Or you have to be in US for filing extension?
Really appreciate your help!
Thanks!
Yes, extension can be filed from outside US. There is no legal provision that prohibits a company from filing extension from outside US. However, few companies are reluctant in doing so (I don’t know why).
great! thats a relief! thank you so much! 🙂
Hi.
my H1b is due on Oct 11,2011. Current employer processed my EB3 GC. I Found a new employer that is willing to sponsor GC and H1b.. If the new employer starts the H1b processing, how soon can i start working for them? do i have to wait for the petition to be approve before I start to work on the new employer? thanks
What do you mean by “H1 is due on Oct 11, 2011”?
If you are currently working on H-1, then you can join the new employer as soon as the petition application is received by USCIS. However, there is a risk involved w/ this. In case your H-1 petition w/ the employer is denied, then you immediately need to either go back to another H-1 employer who has an approved petition for you, or file H-1 petition through another employer or file COS to another status like B-1. People often join the new employer on the basis of receipt number only if they are confident that the petition will get approve. Otherwise, they wait for the actual approval to arrive before joining the new employer.
If you are currently not on H-1, then you will have to wait for the actual H-1 approval date to start working on H-1.
Hi,
Came across your blog on Google search. You have got most of the faq’s people have. Nice job. Keep helping other!
I was on H-1 till Jan 2011, I lost my Job and the company has revoked H-1. Then I filed for COS to F-1 before my employer terminated the job. While my cos was in process in march got a Job and applied for H-1 transfer. Unfortunately there was an RFE (employer-employee relationship), so the petitioner has responded with pay stubs, status reports, time sheets etc. Didn’t ask me for any support letter from middle vendor or preferred vendor. The company was confident as they have answered this kind of RFE’s in the past. After couple of weeks I got a denial notice. Simultaneously there was an RFE on the COS also and attorney has responded to that and that as well got denied. Now the Company which filed for H-1 transfer again is filing another petition with all support letters from the vendors (no end client letter they refused to give that). Reason for COS denial is when I applied I sent USCIS all the pay stubs I have till that date. I was supposed to get another one and did have that time so couldn’t send. In the denial notice for COS they said the candidate was on H-1 by the time he applied and we didn’t receive any pay stubs for the current month and it seems he is out of status…………. and USCIS doesn’t approve COS for those who are not legal and all bull shit…………..My question is what are the chances of this new petition getting approved? Appreciate your reply.
When the employer files H-1 petition now, they will have to show that you have maintained legal status in US all this while. You will have to submit payslips for the period you worked for the old employer. What did you do after you left the old employer? Did you start working for the new employer based on H-1 transfer receipt? If yes, then you will have to submit payslips for that period as well. If you didn’t work for the new employer, then you didn’t maintain legal status and H-1 transfer may not be approved.
The prior RFE was related to middle vendor and you have that covered now. However, USCIS can still ask for the end client letter. So I would say that there is 50-50 chance, but if you haven’t maintained status by working for the new employer then it’s even lower. Consult an experienced immigration lawyer.
After leaving the old employer filed for COS to F-1 and while that is under process got a job and filed for new H-1 or transfer. COS and H-1 transfer have RFE’s and denied. I have the pay stubs since I started working after receiving the receipt for H-1 transfer and filed MTR for H-1 denial and again going for another H-1 with the same employer as there was an RFE regarding employer-employee relationship and while responding employer has submitted status reports, time sheets, pay stubs etc. Now that we have everything including the support letters from vendors (client won’t provide but was able to pull personal information on people finder portal in client system) going with all these.
Looks like you have covered most of the documents required in original RFE and have also maintained legal status while your transfer was pending and later denied. However, you never know what they will ask for this time and it is also possible that they look at things differently.
Good luck!
Thanks! Fingers Crossed….
Hi Kumar,
My H1B visa is expring in 5 weeks and I might have found a new employer that would do for me the visa renewal + transfer. The problem is that I actually stopped working for my former H1B employer several months ago.
No notification of the interruption of my employment was transmitted by my old company to the Immigration Office, so I was hoping that I could still “save” my H1B and use it with a new employer. I understand however that being unable to supply pay slips for the last 6 months there are no chances for my petition to be accepted.
Can you confirm?
Are you still in US? If yes and you are not working for any employer, then basically you are accumulating “out of status”, which USCIS takes very seriously. I don’t think your transfer/extension would go through. When did you receive your last salary?
You should contact an experienced immigration lawyer to discuss possible legal solutions. But transfer seems a difficult bet at this moment.
Only received 4 months, I thought it should be 3 years
Maximum it can be is 3 years. However, it can be lower as well depending upon the documents submitted by the employer. Did you submit a project/client letter? If yes, then what was the duration of that?
Anyways, extension can still be filed and approved to get a longer 797 period, but you will have to submit relevant documents again and employer has to pay the fees as well.
Since I only receive 4 months, and if extensions is file late, would the 240 days rule still apply to me after extension is filed
Yes, it will. You also have the option to upgrade it to premium processing.
H1b visa only received 4 months
I have a valid H1B petition which is going to expire on 31st October 2011. I have not yet done the stamping and not yet travelled also.
Is there any way i can extend the valicity of the petition.
What else i can do to to keep my petition valid.
Only your employer can extend the petition by filing for an extension. That would cost him money. Do you think he would still has a job opportunity for you in US? If not, then it’s unlikely that he would spent that kind of money on your extension.
The other thing that can happen is filing H-1 through another employer. The approved petition in this case would have an expiration date further in the future.
You should go through an employer that has a real job for you, and not just a paper job.
Hi Kumar,
Who has the responsibility of paying the H1b visa extension application fees? Is it the petitioner or the H1B visa holder/applicant?
It needs to be paid by the employer except for lawyer fees and premium processing fees, which either party can pay.
Saurabh,
Thanks once again.
One more question :
Can i change the client with the same employer while the petition submitted for extension for USCIS is in process?
Regards
Ramesh
I think this question is for H-1. Right?
You can change the client, but if work location is changing then a new LCA needs to be filed. Also, if you change the client, and USCIS issues RFE for additional client information, your lawyer will have to submit info about the new client along w/ an explanation about the change.
Thanks Saurabh.
I have a B-1 visa stamped, and am planning on going to get a H-4. Just curious, if my B-1 will be cancelled upon the approval of H-4.
Generally, VO cancels the B-1 visa when stamping another visa like H-1, H-4, L-1 or L-2.
Saurabh,
As we see EB2 moving up very fast this year,
Any chances of Nov 2009 in EB2 becoming current in this year?
Regards
Ramesh
If you notice the movement over the year, you will notice it hardly moved for several months, and then suddenly jumped in last bulletin. This is because EB-1 category is going unfilled and fiscal year is about to end in September. Every year such forward movement happens in months of July-Sep. However, once new fiscal year starts, the dates would become stagnant.
So I don’t think Nov 2009 would become current anytime this year. But then who knows, may be we will have repeat of Summer 2007 and all dates will become current 🙂
Forgot to Mention in the previous question :
What all documents are needed for the extension?
If there are two vendors in between company and client, is it difficult to extension??
Regards
Ramesh
Major documents required:
– proof that you have been maintaining legal status in US (i.e. payslips and W2)
– client/project information. If multiple vendors are involved, you may have to submit different contracts b/w different vendors
– information on how employer is exerting control on your day to day activities while you are working at client site w/ multiple middle vendors
Saurabh,
Thanks for the valuable information.
I have not understood the third point in the documents required.
Few more questions :
1. Can I change the job as a consultant once we apply for the extension? Does that create some problems?
2. If I shift to full time job, do we need to apply for labor etc process again though my I140 is approved?
Please let me know.
Thanks
Ramesh
There was a memo from USCIS earlier this year where they said that all employers should be able to exert control over their H-1 employees. This includes day to day activities, status check etc. At client location, your tasks are determined by the client and not employer. When there are multiple vendors b/w employer and client, it becomes even more difficult for employer to exert control on your activities. So USCIS may ask how employer does that. Google employer-employee relationship on H-1 for more information.
1. When you say change job – do you mean changing client w/ same employer or changing the employer itself? If you change client, then employer will have to file a new LCA. If you change the employer, the new employer needs to file H-1 petition (transfer) for you. Both transfer and petition can go in parallel.
2. You will have to see if the PD can be ported to the new job. An experienced immigration lawyer will be able to tell you whether PD can be ported by looking at what job it was filed for, and what the new employer has for you.
Hi,
My H1 extension is due for this Sep 2011. I dont have client letter. I have PO for 2 years. I am applying this week. Do i need to apply regular or premium? If i apply premium, will there be more scrutiny of documents? I have my I140 approved. Will this I140 approval make easy my H1 extension? Please throw some light on the above questions.
Regards
Ramesh
Your attorney should be able to write a convincing letter to USCIS informing that PO should be accepted in lieu of client letter. Some experts believe that premium processing invites additional scrutiny, but USCIS neither accepts/denies that. Your I-140 wouldn’t impact the actual result.
If you have been maintaining legal status in US, and can show that you are working for a client, then you should be fine.
Hi,
Need some help regarding extension of my H1B visa and stamping. I am in the 6th year of my H1B, and I have a Visa valid until Jan 2012. My 140 has been Approved, and I did not file for my 3 year extension yet. I am planning on going to India sometime this year to get married (Maybe August or Septmber). Do I need to –
1. Apply for an extension before I go?. If I do, should I go for stamping again (My employer is the same)
2. Will I have any problems at the POE, if they see that I have only 2-3 months left on my old Visa?
It would be very helpful if you can give me some Information on this topic. Thank You!
1. Extension is not necessary if your petition will still be valid when you return to US. Extension can be filed after returning to US. Visa stamp is required if the existing visa stamp has expired by the time you return to US.
2. There should not be any issue. Remember to carry all documents including latest employment information, employer details etc.
BTW, will your to-be-wife go for H-4 stamping to accompany you to US? If yes, then she would also get a visa stamp until end of your existing petition. This means you and your wife will have to go for stamping next time you travel outside US. If you get an extended petition before you leave to US, your wife will get a petition based on new petition expiration date. So although extension is not necessary, but it may come in handy for your wife’s stamping.
Thank You Very much Saurabh. Sorry for being repetetive, but just to be clear, if I do get an extension before I go to India, but still have a valid visa from my previous visit, I do NOT have to go for stamping, correct?
Also, I need to renew my Passport as it expires in April 2012. Will my Visa in the old PassPort still be valid? Can I apply for a passport renewal while I am applying for H1B extension?
That is correct. You can return on old visa stamp as long as it is not expired.
You need a passport that is valid for at least 6 months. If your passport expiration date would be less than 6 months while returning to US, then you should renew your passport. It’s ok to have visa stamp in old passport as the new passport will have a reference to old passport.
I think it should be ok to file H-1 extension and passport renewal in parallel.
Sorry I just keep coming up with more questions. What about i94? Will The new one be based on the old stamping in my visa? Or will the new one on my 797 be used? If the officer at Poe decides to give it based only on my existing visa will my new i94 on the 797 be invalid?
Your new I-94 (the one you would get at PoE on returning to US) would be based on your 797 petition. If you have already filed and received extension, then it will be for a longer duration, else it will be for shorter duration. If you file for extension after returning to US, then you would get an extended I-94 along w/ approval.
At times PoE officer put in the wrong date when the dates on visa stamp and 797 vary. You can request the PoE officer to use the correct 797 date.
Thanks a lot Saurabh! You were extremely helpful!!!
My case little different, I have got my h1b approved on dec 2010 and not yet travelled US till date due to the current project constraints. Expiry date is Dec 2011
By Sept 2011 I have an opportunity to travel.
Since I will be travelling just 3 months before expiry,
1. Will there be any problem at port of entry?
2. Will I be able to file extension say on sept 10th?
3. How soon should I travel and file for extension in my case?
4. What is the probability of getting visa extension?
Also please let me know if you have any suggestions.
Thanks in advance!
1. No. You may be asked about the short travel, but you can let the officer know that your company plans to file for H-1 extension soon after you land in US. You may also be asked about the delay.
2. Yes
3. You should travel whenever your company is ready to send you to US. Extension should be filed timely, so that you can continue to stay and work in US while it’s in progress and even if your existing petition has expired.
Thanks Sourabh.
I was under impression that we have to reach US 3 months before the expiry of visa and file for extension too.
I don’t know of any such rule. You can check w/ other people or your employer’s lawyer for more information.
My H1B is expiring on 9/30/2012.
How many days can I stay after my H1B expired on 9/30/2012?
Is there a grace period after the visa is expired?
Thank you
When is your I-94 expiring? You cannot stay in US if your I-94 and/or 797 have expired and there is no petition pending w/ USCIS (either for extension or for change of status). You need to leave US immediately, and anytime spent thereafter will be considered as illegal stay.
Thank you for your replay.
My I-94 is expiring on 9/30/2012, and I’m not planning to file any extension.
1. While I have H1 visa, can I still apply for B1(visitor) visa?
2. If I enter US with H1 visa, but after 9/30, my H1 visa expired, can I still stay in the US, since my B1 visa is still valid?
Thank you.
1. If you file B-1 w/ COS and it gets approved, then your status will be B-1 from the date of approval and you will have to stop working on H-1. Your B-1 approval will come w/ a new I-94 and you can stay in US on B-1 until that date. Maximum time allowed on B-1 is 6 months. So if you apply now, your new I-94 (which would come w/ B-1) will expire much before your current I-94.
2. You cannot enter US on H-1 visa stamp if your petition has expired. You can only enter US on H-1 if you have an employer w/ approved unexpired petition and plan to work for that employer. If you want to enter on B-1, then you will have to get B-1 visa stamped from your home country and then enter on that visa stamp. Again, maximum time allowed on B-1 is 6 months, and it’s up to PoE officer’s discretion on how much time he gives you.
Are you looking for legal options to stay in US even after your H-1 expires?
Thank you for your replay.
My H1B is expiring on 9/30/2012. I can extend my H1B, but I am not planning to. However, I’m planning to attend a grad school which requires to go to school three times a year. After my H1B expire, I would have to apply for B-1 to come back to school for three times. Each visit only requires to stay for 5-7 days, so it’s OK to enter with B-1. In Oct, 2012, I would have to come back for school after my H1B expires(9/30/2012), so I’m trying to see if there is anyway to avoid leaving the country and come back for the school visit in Oct.
I am assuming while you are here on H-1 and attending the grad school, you would still be working full-time, getting paid and satisfying your LCA requirements.
You can file for B-1, but USCIS may ask why you want to file that visa. If it is approved, you can stay in US until expiration of the I-94 attached to the approved B-1. Once that expires, you will have to leave US. You can re-enter US on B-1, but may be questioned about your purpose of visit at PoE.
Also, you need to be careful when you file for B-1 w/ COS, as you will be on B-1 from the approval date.
Hi Kumar,
My Visa is getting expired on 15-dec-2011. I will be applying for extension soon and once I get , I may travel to India for my marriage during oct-11(Hope I will get my extension by that time).
My question is should I go to visa stamping once again in India even my Visa being extended. Also I should apply for H4 for my spouse. Will she get expiry date as 15-dec-2011 or new extended date.
I am completely clueless and not many people have enough knowledge on this. Could you please let me know the details so that I can plan accordingly?
Thanks in advance.
Jagadish
You should be able to travel back to US on your old visa stamp even though it would be expiring in a month or so. You will get a new I-94 at the PoE, whose date would be based on your extended petition.
Your wife can go for her H-4 interview, and she would get a stamp based on your new petition’s expiration date (although their is slight possibility that VO would give her stamp based on old stamp/petition).
For more information check, Travel.State.Gov website on visa/passport requirements. AFAIK, they want the passport to be valid for at least 6 months, but do not have similar restrictions on visa stamp (as it used for an entry into the county and can expire thereafter w/o impacting one’s status in US).
That was very clear explanation. Thanks Saurabh,, So its safe to go back once I get my extension so that I can avoid one more stamping process. What is the lead time for extension process?
Extension might take around 2-3 months. However, PP option is available and that would take 15 days (or longer if RFE is issued).
hey kumar thanks, your blog really helped…
but i have a slightly different question? well my situation is same i mean i am on my F1(OPT) and which is going to expire in June end and i have already filled for change of status to H4 and have also received its receipt but i am still waiting for USCIS response.
So now my question is that uscis current processing date shows that they are working on mid feb and they received my application in march so that is more than a month before i get any response from them so is it ohk for me to stay in US till i get any response from them rather worrying about expired status.
I hope you can help me on this.
As long your COS petition is pending, you can continue to stay in US for up to 6 months. If your COS is denied, then you will have to immediately file another COS or leave the country ASAP.
Also, I don’t think you can work on OPT after your OPT expiration date. Besides, based on your current F-1 status, you can stay in US for 60 days after the end of your course/OPT.
You can also check w/ a lawyer to discuss all options.
Great article by Kumar and replies by Saurabh. Kudos!!!
My question is related to H1-B visa extension and my subsequent travel to India. On records, my H1-B visa expires on 07-Sep-2011. My company has already filed form-9035E (LCA) this gone Friday 17-Jun-2011. The mail from my HR indicates that I would be notified by email within 7 working days, else I can check the status of my Labor Condition Application by logging onto the iCERT . I also plan to travel to India between 26-July-2011 and 05-Sep-2011.
My concerns now are –
(a) Would I get my extended/re-validated H1-B visa before I leave for India?
(b) What if for some reasons I am unable to get extension (form I-797) before I leave for India, How do I plan ahead to get my extended visa stamped at a US consulate while I am in India?
(c) Will I be allowed to re-enter back in th US considering my existing I-94 expires on 07-Sep-2011?
Thanks in advance.
1. Tough to say. It may take as little as 15 days (premium processing) to 2-3 months. Any RFE issued would further increase the processing time.
2. You will have to go for stamping after you receive the extension in hand. Until then you cannot go for stamping. To ensure that you have petition before leaving the country, may want to file the petition w/ premium processing.
3. Your I-94 will be irrelevant as it needs to be submitted when you leave US and that would close that entry record. You will be issued a new I-94 on your arrival, whose expiration date will be based on your approved 797.
Thanks Saurabh for replying soon to my posted queries. Based on your replies, I need to ask you again-
(a) What is a RFE?
(b) Assuming that my office did apply using premium processing, I see that they have put up notice for labor condition on the notice board for my job position. How long does that needs to be displayed? Is it for 30 days minimum normally? In which case, would the 15 days (premium processing) still hold true or I will have to wait for 2-3 months to get my I-797?
(c) I was told by my HR that our attorneys are applying for my H1-B extension and green card process together. In that case, isn’t it that my current I-94 (copies of which have been submitted by me for PERM labor cert.) would have to be the same? If I make a trip to India then upon my arrival back to the US I would be issued a new I-94. Wouldn’t this in any way hamper my labor cert. process?
In short, I am basically intrested in knowing that my trip to India followed by H1-B revalidation does not disrupt my green card process in any way whatsoever.
Thanks
1. RFE stands for Request for Evidence, and USCIS issues that when they need additional documents or information from your employer regarding the petition.
2. PP comes into effect only after petition is filed w/ USCIS. Advertising the LCA etc happens prior to petition filing. Job posting needs to happen for around a week, and then the employer can file the petition. It is from this point (i.e. the date on which USCIS issues the receipt number), USCIS will take up to 15 days to process a PP petition.
3. If your LCA for GC is being filed, then it’s better not to travel until it gets approved.
Thanks again Saurabh for all your valuable inputs.
Just one last thing – How long does it normally take for the LCA to get approved after it is filed for GC process?
Just wanted to confirm and plan my travel dates accordingly.
You can follow the processing times on this website: http://icert.doleta.gov/
If your PERM doesn’t require audit then there seems to be 2-3 months delay. If it undergoes audit, then there is a considerable longer delay.
Hi Kumar,
My company has filed for H-1Extension on June 6 and I have planned to visit India during July 1 and will be back on July 18th. My visa is valid till July 31st, is it ok to travel?
To return back to US, you would need:
– an unexpired H-1 visa stamp
– an unexpired H-1 797 petition
If you travel in July, and your H-1 extension is still pending, then you may have to wait for it to get approved. You would also need to get your H-1 visa stamped in passport if the old stamp has expired, and for stamping you would need an approved 797 petition. A more clearer way would be to have the extension filed as premium processing, so that you can have the petition in hand before leaving US.
Hi Kumar,
My visa is valid till July 31st 2011. I have also got my H1B extension approved by USCIS till Feb 2014. I have planned to travel to India on July 1 and will be back by July 18th.
My question is, should I get stamping done if I have to travel back to US. Please explain the process.
Appreciate your help.
As you are entering before visa stamp expiration date, you should be fine. I don’t know of any rule which says that stamp needs to be valid for at least 6 months or so.
However, you should check w/ an attorney or w/ someone who has personally experienced such a trip.
This blog is very helpful! kudos to you Kumar!
Welcome. Thanks to Saurabh as well for helping everyone by answering questions !
Hi,
My question is about extension H1B extension.
In my case, my H1B will be expire in Sep 20th, 2012. And my employer plan to file extension in April 2012. Can my employer file extension by himself without using attorney? And which forms that we need to file?
Thank you in advance.
Yes, he can do that. I-129 needs to be filed.
Hi Jenny,
Have you started your extension application? if so, how was the paper work? We have the same date for visa expiration and I havent started mine. If possible, I prefer to do it without a lawyer since it would avoid me paying the corresponding legal fees.
Please let me know. thanks!
Hi Saurabh,
Appreciate your responses on the Blog. My H1 was applied for extension on 1st Mar 2011, i recieved an RFP on 21st April which my company said they replied to on 2nd may 2011, but the status on USCIS site still says ” Request for Evidence”. Does the status really get changed to Review of RFE or it directly goes to Decision? Also would like to know the average lead times after the RFE is submitted, would it be advisable to apply for Premium now? My visa is expiring on 12 May 2011.
Thanks
PP
At times the online status is not updated immediately. Your employer can call USCIS and ask if they have received the response. Processing time after receiving RFE response can be anywhere from few weeks to 2 months.
Is your case H-1 transfer or H-1 extension? If yes, then you can continue to stay in US even after your expiration date. However, if you want to upgrade to PP, then that’s also a viable option.
Hi,
My Question is related to travel ,If I filled for H1 extension and due to some reason I have to travel to my home country let say for 3 months where my company also located,so is it possible to travel in the extension period?
If the extension is filed along w/ I-94 extension, then the latter would be abandoned as soon as you leave the country. The H-1 extension would still be processed. To return to US, you would need an unexpired petition and also an unexpired visa stamp.
In other words, if you leave the country while your extension is pending, then you cannot re-enter unless your petition gets approved (assuming your original petition has expired while you are out of the States). Also, you cannot re-enter unless you have a valid unexpired visa stamp which you cannot get (assuming your original stamp has expired) unless you carry an unexpired petition for the stamping. Because of this it is often recommended not to travel while petition is pending as the approval may get delayed. The other option is to file it w/ premium processing.
Hello there,
I really need some help here. I have seen your blog always answers the questions related to H1B Visa.
For the below scenario, do you know the process?
My current H1-B visa expires on 09/25/2011 ( date on I-94). My company filed my extension on 04/12/2011 and received a RFE on 04/19/2011. They have time till 05/03/2011 to respond to the offer.
In case , I get an offer from another employer , here are my questions:
· There will be a requirement for H1-B transfer. Can I go for that? In case I go for that, will that transfer be valid only till 09/25/2011 or will it also take care of that extension ( for the next three years since this is my first extension).
· While your H1-B extension is on hold for RFE , is it risky to switch employer or transfer H1-B visa now?
I would really appreciate if somebody helps me out here.
1. They can apply for extension along w/ the transfer. When the new company files the LCA, they can mention the extended period. As such when USCIS approves it, it may be approved for a period beyond your current expiry date.
2. Legally it’s not risky. However, you need to file it through a reputed company. If the transfer also goes into RFE, then you may have an uphill task.
BTW, you mentioned that RFE needs to be responded by 5/3/11. That has already passed. Did you mention the correct date in your post?
Thanks Sourav for the reply. You are correct. The date for responding back to my rfe is 06/03/2011 not 05/03/2011
Hi Sourav ,
My question is also same as MC mentioned. I came on H1B on 10th June 2011, and My H1b & I94 is expries on Sep-22-2011. Still my employer is not yet filled for extention.
Now i got project in some other employer and they are saying that we will transfer the H1B and file for extension. Is it possible without payslips?
I dont have any pay slips.
Please clarify..
They can file the extension, but there is a strong probability that it will not get approved because of missing payslips.
What USCIS may do is to approve the new petition from the employer, but deny the extension. In this case, you will have to leave the country and get H-1 stamped again in order to enter US on H-1 and work on that visa.
hi Kumar,
My employer has already filed for my labor cert six months ago. It’s still in “In Process” status. My current H1-B expires in June, 2011. Can I file an extension? My attorney said I can but it will be a one-year extension. I thought the extension is 3 years. Appreciate your input. Thanks.
It will be 1 year extension as your I-140 is not approved. You will be eligible for 3 year extension once your I-140 gets approved.
Thanks, Saurabh. One more question if you don’t mind – How does it work since I don’t even have the PERM Labor Certificate yet? Thanks again.
In your case, even 1 year extension looks difficult. For 1 year extension, Labor should have been pending for at least 365 days; however in your case it has been pending for just 6 months. Please consult your attorney about this.
Remember, you can still capture any time that you have spent outside of US while being on H1 status. If you are able to capture enough time, that may allow you to file 7th year extension.
Premium processing time for H1B:
You have mentioned premium processing time for H1B is 15 business days. Is that 15 clander days or 15 business days(working days)..
Santosh, It is 15 Calendar Days. Thanks for asking, I just corrected the article.