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 , I have my petition filled on oct 2nd week. Is it possible to get it approved before dec 2011
Do they approve during chirstmas time.
Under regular processing, it may be difficult. There are petitions filed in July-Aug that are still pending. If it is under premium processing, then it should as have been processed by now.
Hi Saurabh,
My H1B and I94 expired on 11/10/11 and my employer has applied for extension on 15th sep which is not adjudicated yet. So I am still staying in US but due to assignment change I have to shift from location CA to PA. Do We need any action on this or just wait for the approval?
Please advice.
A new LCA and I-129 needs to be filed for the location change.
Hi Saurabh,
My situation is, I got a new H1b through a consultancy company and in search of my first assignment. I am not happy with the way my employer works.
Is it possible to get H1b from another employer. Would this be considered as a new H1? Also, would it fall under the quota?
Is it advisable to do this legally?
Based on your current H-1 approval, a different employer can file cap-exempt petition for you. This will not fall under the quota. However, if you are already in US then you will be asked to submit payslips and W2 from the old employer. If you don’t have them then your transfer will not be approved. Are you getting paid while your employer searches for a project for you?
Hi Saurabh,
I had a question regarding withdrawal of a pending H1B extension case and filing a new H1B extension request. My employer filed for H1B extension for location A for client X in October 2011. Now I had to move to location B for the same client X, because of client requirement. My employer said, the current pending request needs to be withdrawn and new request needs to be filed. My employer did go ahead and filed for withdrawal of the current pending case with USCIS on 5 Dec 2011. Now my employer says that he will file the new extension request for the new location once the status on USCIS changes to “‘Withdrawal Acknowledgment Notice Sent”. (Currently the status is “Initial Review”).
My question is, is there a need to wait for USCIS to acknowledge the withdrawal and update it on their site before filling for the new request? I am worried because my I797 is expiring on 23 Dec 2011. Can my employer file the new request before 23 Dec, even if the status of the current pending application does not change to “‘Withdrawal Acknowledgment Notice Sent”?
Thanks for your guidance.
IMO, he can file the new petition even before the previous one is withdrawn.
Hello Saurabh,
1) Can I legally join work with just the email H1b approval notice without SSN.
2) In the meantime apply SSN after getting the hardcopy of the H1b approval.
1. Yes, but taxes cannot be withheld from your salary until you get your salary.
2. Yes
You should talk to a CPA as well to see how taxes can be withheld in such a scenario.
Hi,
H1B – Extension
I got my H1B in 2007 and expired in oct’2010. I haven’t used it. I entered US on L2 and working on EAD. I am working for XXXX company. Is there any chance to extend my H1B. Please suggest me on this.
An employer (new or old) can file a cap-exempt H-1 petition for you on the basis of old H-1 petition. Extension will come along w/ H-1 petition itself.
Hi,
Is there a website where I can see the current processing date of the H1B Visa Extension?
Sorry if it has been asked before.
Thanks in advance,
You can search for current processing times on USCIS website. Look for times for I-129, extension of stay in US. Usually it is around 2 months, but in reality it can take up to 6 months.
Unfortunately my new employer couldnt submit the application before 23rd November and I missed this year…..if they apply my H1B (currently I’m on L1A) in April, how soon am I eligible to start working with my new employer? Can i start in mid april or in May?
Just to add more details, I’m currently in US on L1A visa type….I’m assuming my new employer will file for PP sometime in April….also heard something related to cap gap, can that be applicable in my case since I’m already in US…..Appreciate your inputs…thanks
H-1 can be filed as soon as April 1. However, you cannot start to work until Oct 1, 2012 or actual approval date (whichever is later). You are not eligible for cap-gap as that is meant for aliens on F-1. In addition, you can start to work (w/o needing the H-1 stamp) only if your H-1 is approved w/ COS.
Hey Saurabh, thanks for your prompt reply & would like to thank you for great work you are doing….can you please clarify on “you can start to work (w/o needing the H-1 stamp) only if your H-1 is approved w/ COS”
My question is, based on above statement is there possible for me start working before October 2012?
Also I have one more question, my company does not processes green card…how can I take this forward since my Visa L1A is employee based visa, what steps can i take to take this forward…
No. Like I said in my previous post “However, you cannot start to work until Oct 1, 2012 or actual approval date (whichever is later).”
If the L-1 employer is not willing to file the GC, then the H-1 employer can file GC for you.
Hi,
I am in USA and suppose I received my H1B extension approval today , when or how early I can take visa appointment in India. For one of my friend, he took visa appointment after 3 weeks of his approval but got a green slip from Chennai consulate , reason is data is not yet updated. So my question is after how many days its safe to book appointment after visa approval. Also does it vary if I applied my extension on Premium.
Thanks in advance,
HD
I would say wait for maybe a month to be on a safer side (legally it can be applied as soon as possible).
Hi Saurabh,
First of all thanks to you for providing wonderful guidance to all Visa related query.
I need one help in clarifying my question, for COS from L1 to H1 I know we require most recent pay stubs. Can you please confirm if that pay stubs is in any particular format? My company have its internal format of paystubs and do not have standard format like ADP format. Will USCIS consider those? My visa has already been filed and we have submitted the pay stubs in my employers internal format. Please advise?
That should be ok, as long as it clearly mentions what was the taxable income, what were the taxes paid and what was the after-tax income.
thanks Saurabh
Hi Saurabh,
My H4 and my husband’s H1 extension were approved recently (more than 2 weeks). My husband’s employer has received his H1’s I797A and I-94 whereas they have received only I-797C for my H4.
I want to know if the employer would also be receiving I-797A and I-94 for my H4? How long does it usually take for the documents to come.
Thanks.
Yes, the employer should receive an I-94 for you as well. If that hasn’t reached yet, the employer should call USCIS and follow-up. Mail delivery can take 1-2 weeks or probably little more.
Hi Suarabh.
I have question for you. To avail the cap exempt H1B visa, i read tht one needs to be on H1 status in last six years.
1. My question is if I have a H1B petition approved but never stamped, in the last six years, can i appply in cap exempt ?
Yes, cap-exempt petition ca be filed if H-1 petition had been approved but even if H-1 visa has not been stamped in the passport.
Hi:
Submitted the new H1B on Nov 22 and still under acceptance status. It is PP.
Anyone on same boat?
Hey Nina…
My application was also sent on Nov 22. But havent received any updates on it.
When did you get your receipt?
No updates, Any, just acceptance status. Do you know how much time does it take to get approval? Is it yours Premium?
Yes… My appln is a premium.
But i dont have any updates on that…..
As per my knowledge premuim should have a result with in 2 weeks (if there is no RFE)
You do not have a number yet?
Please keep me informed. Still under acceptance, not updated to initial review and I dont understand why. Lets hope it goes well.
No luck so far……
when did you get your receipt number?
I got mine the 22, just the same day. The status is still “acceptance ” after the 10 days, for the PP. You did not get the number?? Did you call them?? I think for PP you get the number via e mail. Please keep me posted.
Annu:
Any news so far? Mine still under “acceptance”.
Hi Saurabh,
I have a query regarding the H1-B extension process.
I am currently in US.I am planning to travel back to India on 3rd March 2012 and my visa is expiring on 6th march 2012.
Please let me know how many minimun number of days before the visa expiry can we travel back to US from India.
I think you can use a visa stamp to enter US as long as it is valid. I don’t think there is any requirement that it needs to be valid for a set amount of time. Depending upon when your 797 is expiring, you will be issued an I-94.
Thanks for the reply.
But as far as I know and confirmed with people we need to have atleast 45 days in hand before visa expires enter US.Please let me know the source or any website which states so..Thanks in advance
This is the information on CBP website
If you read the section “What Documents Must You Present?”, it says a valid visa should be present, but doesn’t mention that it should be at least valid for 45 days.
Did you find any official source that says otherwise?
Hi Saurabh ,
My H1B petition (PP) got approved on Nov 28th and status is like “On November 28, 2011, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice”. So this e-mail notice can be used for booking VISA stamping appointment or we have to wait for hard copy of approval notice.
How many days it will take for getting the hard copy of approval notice.
Thanks in advance.
Regards,
Raju
You can book the date using the receipt number. However, you need to have physical copy when attending the interview. You cannot use the email when attending the interview.
Hi Saurabh,
Thanks so much for putting this information out there and helping people.
I will be greatful if you can provide some advise on my situation.
My H1B Visa is valid till Nov 2013. When I entered USA early this year, I got I-94 date of March 2012, since that was my old passport expiry date. I have renewed my passport since and contacted my attorney about extending my i94 by submitting form I-129. The attorney advised me that the easiest thing is to travel out and return to USA to get an updated i94, and she said there is some difference between my designation in h1b papers and as metioned in the client letter, and this may cause some concern. She also mentioned about client site visit by USCIS. To add to this I am interviewing to change my job, though I have not landed any yet.
Given the above circumstances, will it be best to convice my org to let me travel to out and return to USA, Or apply for I94 extension, wait for response and then change job?
Eagerly awaiting your response,
Viklan.
You have following options:
1. Travel in and out of the country and get the new I-94. It’s usually safe but can be expensive
2. Apply for I-94 extension. I don’t know why I-129 needs to be extended as that is already approved until Nov 2013. It’s only I-94 that needs to be extended
3. Change jobs on H-1. Once the new H-1 is approved, it will come w/ an extended I-94 allowing you to stay longer in US. You have until Mar 2012 to find a job and file for transfer.
Thanks Saurabh.
Regarding your doubt on I-129, one needs to submit the same form even for I-94 extension. Giving the reference below….
Also, I am horrified to find that the processing time for I-129 as per USCIS site is 22 months… 🙁
Ref…: http://www.uscis.gov/USCIS/Resources/C1en.pdf
AFAIK, processing time for I-129 extension (aka H-1 extension) is 2-6 months. You can search for ‘USCIS processing time’, then select the link for USCIS website. Select your service center and you will see that it is being shown as 2 months (I-129 H-1B – Specialty occupation – Extension of stay in the U.S.). Although it says 2 months, in reality it can take up to 6 months.
Hi Saurabh,
Any idea on how long it will tak for I-129 Premium processing?
Reg.
15 calendar days.
Hello Saurabh,
First of all, thanks a ton for the great service you are doing.
Now onto my question..
–> I have been following various forums for H1B stamping in India and one question that is causing a headache for a EVC model employees is
–> There is no mention of Middle vendor in the LCA or the letter to USCIS.
–> Usually there is no mention of that in both the LCA or the Letter. But a lot of people have been given 221G for this question.
–> Is there a good answer for this? Or is there a way to get the LCA with the Middle Vendor name on it?
I don’t think LCA needs to contain middle vendor information. In my experience, I have noticed most of 221g around employer-employee relationship. When there is a middle vendor involved, the client usually doesn’t have any interaction w/ the employer. As such, your employer has no control over your day to day activities, and this is against the employer-employee control that needs to be demonstrated. If your employer also sits at the client site and controls your daily/weekly tasks then that would help.
Hi Saurav,
My Visa is going to expire in Jan 2012, last week my employer told me that they will extend it pretty soon, but when i today check uscis website they mentioned that H1B cap has been filled. Does H1b extension come under H1b cap? If so then i can’t stay in US beyond my current I-94 date?
Regards,
Ankur
You are not impacted by the cap as this is an extension (cap-exempt). However, make sure your employer files the extension before your I-94 expires.
Thanks Saurabh for your feedback.
Hi All,
This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I
have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client
which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated
Manager’s letter. I provided this and then after a month I got Notice of Intent to Deny
(NOID) asking for more description of Project and Role. I gave very detailed role and
Project description along with updated Manager’s letter but no luck. My project’s end
date on Manager’s letter is mentioned as 12/31/2011 which after a month.
It finally ended into denial. As of now, I am not sure what can be the reason of denial
as denial petition will come a week or two.
I am very frustrated and confused what to do! Please provide me some guidance on my
following question.
1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I
do?
2) If I can’t appeal then do I need to leave US asap? How long I can stay more?My I-94
has already expired on 09/30/2011.
3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for
next year October-2012 to get H1 or I can get H1 asap?
4) If I go back to India and work from offshore with same employer, would my GC process
be affected?
5) If my company processes L1 instead of H1 would my GC process be affected?
Regards
Visathinker
I don’t know all the answers, but will try to answer them to best of my knowledge. However, you should consult a good immigration lawyer as well.
1. Yes, the employer can either appeal or file Motion to Re-open.
2. I am not sure how long you can stay on the basis of filed appeal/MTR.
3. Yes, a cap-exempt petition can be filed for you anytime. Based on approved I-140 you will be eligible for 7th year extension and beyond.
4. Your GC process can continue even after you have left US.
5. L-1 can be filed only if you are employing employer specific tools/applications etc and have worked for that employer for at least 1 year outside US in last 3 years. Do you satisfy these criteria?
Hi Saurabh,
My employer has received Denial Reason and the reason is mentioned as “USCIS Rejected the Visa in absence of Client Letter”. My client doesn’t have any such Policy to provide authorization letter to contractors like me. I am leaving US next Wednesday.
Since I-140 approved, do you know 1) whether I can file new H1 through same employer or I need to change the job? 2) Can I file H1 anytime based on I-140 approval or I need to wait for 1 year for H1 quota to open in October-2012?
Kindly advise
Warm Regards
Visathinker
I am not sure. Please check w/ an attorney.
hi
i was working with a indian company in US on H1B. i returned to india after the assignment. My visa expired on sep 2011. Can i file for an extension of my visa through different employer now? or do i have to file a fresh H1 application?
Another employer can file a cap-exempt petition for you. You don’t need to go through the quota again.
thanks
Hi Saurabh,
I also have same case. I had got two H1B (one in 2004 which I never used and another one in 2006 on which I traveled. This got expired in 2009.
I changed company in India last year (2010) and last week my new employer has filed for cap-exempt H1B extension. I have two question:
1. Can the extension be filed after the expiry of H1 Visa, that too which was done by my old employer.
2. I have xerox copy of 797 form. Will that suffice or will they ask me original petition papers? I have only xerox copy.
3. Since it is cap-exempt Visa, rejection rate will be higher, isn’t it?
Kindly respond. I am not getting any clue on what’s going on.
1. Yes
2. Photocopy should be fine
3. No, there is no such logic. Both carry equal probability of rejection. Yes, in case of cap-exempt petition they would do additional checks like previous US stays and adherence to immigration laws in the past.
Hi
Im planning to go india in December 23rd,2011 and planning to return on January 9th,2012. My H1 is going to expire on Feb 21st,2012. Can i apply for H1 extension after coming back from india on new I-94. Will they allow if there is one month period?
Please suggest.
Yes, you should be allowed. You can enter US, and then immediately apply for H-1 extension.
Thank you Saurabh.
Now i got confidence there would not be any problem.
Hi Saurabh,
My first H1 got approved in 2007 ,got the visa stamped in Feb 2008 and started using the same from may 2008.
Later i transferred to a different US employer & have valid H1B paper (I797) from Sep 2010 to 31 Dec 2011.Later i travelled to India this year feb 2011 due to family reasons and now planning to return to US. I stayed in US from May 2008 till Feb 2011.Presently i need to go for stamping based on I797 paper which i have & also have to apply for extension. kindly suggest on my below questions
1. First of all can i apply for an extension now ?
2. Do you think i can still go for stamping based on the receipt applied for extension?
3. what are the possibilities of getting my H1B extension approved?
4. Suggest me the best possible way to extend/retain my H1 as i have still 3 years of H1 Quota pending.
Appreciate your immediate response…thanks
1. Yes, if the employment for H-1 employer is still valid. The employer can file for extension.
2. Probably not. They would ask for extended 797 so that they can issue on the basis of that.
3. Depends upon what kind of work H-1 employer has for you, and whether you maintained status while you were in US or not.
4. Your employer needs to file for extension. Once approved go for stamping and then travel to US to work for the H-1 employer.
Hi Saurabh,
Thanks for your response.
I didn’t get your answer for the question 3, i had maintained my H1 status while i was in US. Could you be more clear about the kind of work H1-employer…thanks
If the employer is a consulting company, then USCIS would see whether employer has enough funds/resources to pay you salary during your H-1 tenure. For this, they may ask for client/project information. If it’s a product based company then they would look into market response to the product etc. Also, how your skillset matches the job requirements. They would also see has the employer paid regular salary to other H-1 employees etc (regular background check).
Does that clarify?
Yes thanks for the detailed message.
Hi Saurab,
The information’s you are sharing are really helpful for many of us.
I have couple of questions more apart from the previous ones to get my doubts fully clarified,
1. As i said my H1 papers are valid till 31 dec 2011, after the H1expiry can i apply for extension?
2. And also after my H1 expiry can i transfer my H1 to a new employer and then go for extension.
Presently i dont have an project & i am searching for one and if i get the projects after the H1 expiry, will the above mentioned 2 scenarios is possible, please advice on the same.
Thanks in advance…………….Navin
If I remember correctly, then currently you are outside of US. Right?
1. Yes, it can be applied even after the H-1 petition has expired
2. Yes, that is possible. Extension will be granted as part of transfer.
Hi Saurabh,
My question is specific to the academic criteria for filing GC under EB2. My education was done from India 10+3 years Diploma in medical Electronics+ 2 years Post Graduate Diploma in Business Administration through distance learning. I have 11 years of relevant I.T. experience as wel. If rest of the criteria required for GC are met, based on my education do I qualify for EB2 filing? Does USCIS count 3 years of work experience equal to 1 year of education here?
Thanks,
Shameer.
I doubt if it would qualify for EB2 as they need 4 years degree + 5 years of work experience. You may be eligible for EB3. If the EB2 job says Bachelors degree + 5 years of education, then I don’t think diplomas fit that profile.
It’s better to check w/ an attorney who can tell you more.
My employer filed my H1B petition ( PP) through attorney on 15th Nov. So how much time it will take for getting approval from USCIS ?
USCIS will adjudicate the petition within 15 calendar days. In case they need more information, they would issue RFE. Once RFE response is submitted, they would take up to another 15 calendar days to approve/deny the petition.
Hi Saurabh,
Thanks for the response. I have received my receipt notice on 18th Nov and it still in Acceptance status. I heard for PP mode status will change directly to Decision from acceptance status.. is it true ??
Thanks,
Raju
Yes, at times it does. USCIS tries to adjudicate all PP petitions within 15 calendar days.
Hi Raju,
Did you received any approval notice? Even my acceptance date was 18th Nov and in USCIS website it still shows acceptance.
Hi,
I have a question on H1B expiration date. My visa is stamped on last month(oct 2011) and they have given f0r only 11 months and expiration date is sep2012.
But I am seeing everyone getting 3 Yrs on stamping. Can you tell me based on what they will consider this period.
Also if I want to extend this Visa how much cost is involved and is that into cap again ?
Thanks,
Santu
Usually this would have been done if 797 is also expiring on Sep 30, 2012. When is 797 expiring? Smaller durations are given out when the officer determines that your employer has resources/funds to pay you regular salary only for a short period. One will have to file for extensions and go for stamping again as these get expired (nuisance + spending more money).
Yes my I797 is sep 2012 only.
Hi Saurabh,
Thanks for putting up so much of info. This definately help us to keep down our tension levels.
I have two situations:
Situation #1.
I am on H1B visa and my petition gonna expire on Dec 31 2011, so do my visa and I-94. I did apply for extension and got receipt on Oct 04 2011. Likely it might take 2-3 months for USCIS to respond. Chances could be even Jan-Feb-Mar 2012. You did answered that we can still continue to work, 6 months or till we get response. Now I am wondering, why to take chances, instead can I ask my employer to start Premium processing in parallel to regular processing (which is already initiated). Is this Okay ??
Situation #2:
My friend has his petition valid till Feb 18th 2012. Started filling up documents for H1B extension. Wondering if we need to wait for premium processing or can we still go ahead with regular processing? Please advise.
Hope to see your response to these two situations. Appreciate it.
1. PP is always an option. If you think you want to have an approval in hand before your current petition and I-94 expires, then you can ask employer to upgrade to PP. Either the employer or you can pay for the PP.
2. He can file it w/ regular processing. His expiration date is around 4 months out. Maybe USCIS will adjudicate it even before the petition expires. If for some reason it becomes necessary to have an early approval (traveling out of country, DL expiring etc) then he can also upgrade to PP.
Hi,
I have been trying to find an answer for my question without success. I have an H1B visa that was renewed in may 2009 and will expire in May 2012. However, I only came into the states six months after my first H1B visa was issued. Does that mean that I can renew my H1B visa for a third time to make use of those six months (for a total of 6 years)?. Or is the six year limit on the actual visa regardless of when i came to the US?
Thank you for your help
6 year term includes only the time spent within US. So you are eligible to apply for extensions until you reach that 6 year limit.
Hi, Saurabh,
I am currently works for US firm. My current H1-B expire on Mar 2012. So my company applied the extension on 9/22/2011 (the date I got receipt #). I was planning to travel outside US during Thanksgiving but company’s lawyer “strongly encourages” me NOT to leave the country until I receive confirmation from USCIS. She said ” if USCIS approves my new H-1B while I travel. I re-enter US use old H1, and then old H1 will over right the new H-1. So company has to reapply for me, is that true ?
If I can’t not leave US, can I go to Hawaii ?
Once I get new H-1, do I need to get new Visa too if I want to travel outside of US (since the US visa valid date on passport still matches old H-1B )
Sorry for many questions, thank you so much !!!
You can definitely go to Hawaii as it within US.
I don’t think there is anything like old H-1 overriding new H-1. If you leave US while your H-1 extension is pending, what will happen is that your I-94 extension will be abandoned. Another issue would arise when you are returning to US. If your new petition hasn’t arrived then you will get I-94 based on old petition, and extension needs to be filed again. If your new petition has arrived by the time you return to US, then you can ask for I-94 based on new petition.
Hi There,
I have got I-797B and they mention me to POE and get I-94, I am wondering what documents i need to carry with me?
Regards,
Are you currently in US or outside US? What’s your current status?
Hi Saurabh,
I got my H1B In 2008 and and was back to H4 in 2009 ,I got an offer now and would like to apply for H1B thru my employer ,what are the documents should we need to get the visa approved,i dont have client letter but have the PO form last vendor and it is an EVVC type ,so is the PO form the last vendor enough or i have to get all the PO till the end client and more over is it enough to get the visa done without the client letter… … has anyone got your visa sucessfully by submitting the PO and not the Client Letter ? Please reply ,your timely response would really help me a lot ….
EVVC model can be tricky. You need to submit information related to all chains i.e. employer-vendor1, vendor1-vendor2, vendor2-client. The other thing USCIS can ask is documents related to employer-employee control. Memo released earlier by USCIS says that an employer should be able to control your day to day tasks even at client site. This is possible to demonstrate in EC models (and possibly in EVC model), but becomes really hard in EVVC model. Talk to an experienced immigration lawyer on how to file your case so that it has better chances of approval.
Hi Saurab,
I got an letter form prime vendor (1)mentioning my endclient project with startdate and enddate and employer controls me ,and also planning to file with the PO between my employer and vendor2 , vendors said it is not there policy to give PO between vendors and it is confedential and also end client will not give letter ,so is the Prime vendor letter and Po between my employer and vendor enough to apply for the visa,what are the chances to get RFE here,please reply ,i am little sceptic about the process…..planning to do PP ….Please reply and give you possible suggestions
If you don’t have those documents, then there is not much you can do. Your employer can file the petition w/ the document and see how it turns out to be. You can ask the middle vendors if they would be ready to provide those letters in case USCIS issues RFE related to the same.
Does your employer have an attorney handling your case? If yes, what are his/her thoughts?
Hi Saurab,
Yes he has an attorney ?Dont know what the attorney said …..
I have a query..
I m working in a software firm here in delhi from last five years and till the date i joined this company i was put on a Texas based client project and now i m handling this project fully from India through my company here in Delhi.
Now the project on which i m working from five years has now become very successfull in US in its Medical domain and now that client wants me there on H1 Visa and that has been approved on 20th October 2011 and now i m waiting for my Visa Interview here in delhi to get scheduled.
So my question is what should be the perfect term for my client role if VO asked me this..
(1) Means How i got that job?
(2) There are mainly 3-4 terms involved like
Sponsors, Consulatant, Clients etc
So my client for which i was working here in delhi from last 5 years..what should i call him?
Is he my direct Sponsor?
Or Is he a Sponsor and Client also and i m going to work for his internal project?
Please clear my doughts..
Thanks!!!!!
Who has been mentioned as the petitioner in your H-1 petition. Is the Indian s/w firm your petitioner or the Texas firm your petitioner in 797?
Thanks a lot for your reply…
The Texas firm..(Because our tool is being used by almost 500 US hospitals currently and its increasing day by day so it becomes very imp for me to be there so thats why the Texas firm has filed the petition for me.)
Suresh..my main confusion is that..should i tell VO that i was already working on the project of Texas based firm from India through our Delhi Firm since last five years Means Texas based firm was our client in this case and now this Texas based firm has hired me for that project..and filed a H1 petition for me..
So Suresh..I need to know that whether i fall on EVC model(Employer-Vendor-Client) or I m on DirectClient Model..according to me i m on Direct Client Model..What you think?
Does VISA Stamping depends upon this modelling?
Thanks!!!
As you will be working directly on the payroll of Texas firm, they will be your employer for all purposes. You will be working as a full-time employee and there is no client/vendor etc in this set-up. It’s like working as a full-time employee of Google or Microsoft where there is no vendor in b/w.
Remember, there is no client in your case. You are a direct employee (or full-time employee).
BTW, the name is Saurabh, and I don’t know who you are referring as Suresh in your response.
Thanks a ton Suarabh…and sorry to put the wrong name above..:)
So my last question..
(1) Since i m a direct employee of Texas based firm so if during my Visa Interview if VO asks me how i got this job then what would be the appropriate answer?
Since i was already working for this Texas based firm project since last 4 years through my Delhi Based company and later they hired me for their project for full time on their own payroll so should i tell them this or there is some technical term also in this case which i should temm the VO?
(2) Being a direct employee of my Texas firm..does my chances of getting Visa Stamped is higher or it does not related with this?
And At last i m really really thanksful to you Saurabh for being so prompt for answering all of the queries ..
Bye Saurabh…
1. You can tell them the real story that you were working for them as a contractor through your Delhi firm, and based on your expertise and talent, they have decided to hire you for a full-time position.
2. It would increase it. H-1 is easier to get when working as a direct employee of US firm. It’s harder when working for consulting companies in an EC or EVC or EVVC model.
Thanks Saurabh..Keep this good work going…
I appriciate your help…
Bye!!!!
Hi Saurabh
my I-94 expire at June 22,2012,My 797 expire at June 30,2012.I am planning to apply for an extension with another employer starting July 1 ,2012,should I do anything regarding my I94 which will expire before July 1,2012 or just I have to apply for the extension and I will recieve new I94 and I can still work with the first employer till June 30?? Thanks in advance
The I-94 would get extended w/ 797 provided you have been maintaining legal status in US.
My eomplyer has filed my H1B extension and it is under processing, I just want to know, what happens if I return to India before my H1B extension gets approved
Your H-1 extension would still continue and USCIS will issue an extended 797. Your I-94 extension would be abandoned as you would have left US while it was pending. To return back to US, you would need an unexpired 797 and an unexpired visa stamp. So you may have to go for visa stamping if the current visa stamp has expired, which in turn requires an unexpired 797.
Hi Saurabh,
My H1B petition was approved on 13 -Jan-2011 and valid upto 12-Jan-2012
I got visa stamped on 15-June-2011 and validity of visa is till 12th Jan 2012.
1) Can i get my visa extended now , as i have not travelled with this visa before and i have just 2 months for visa expiry?
2) Can extension be filed anytime before 12th Jan 2012 ?
3) Is it necessary to be in US to get the visa extended ?
1. Yes, provided you have necessary reasons for getting it extended (i.e. client/project extending beyond Jan 2012)
2. Yes, or even after Jann 2012 (as you are outside US)
3. Not necessary; however it’s difficult to do so when not in US, as your employer will have to show valid business reasons for getting your visa extended, when they didn’t use your services in US during the initial term.
Hi Saurabh,
My H1 visa is expiring in December 2011 but due to some project requirements I have to travel back to India by end of October and I am not coming back before my visa expires. I have initiated my H1 extension with my employer but because of some issue it cannot be filed with USCIS before I travel back.
I have this apprehension (as I have heard from friends) that I’ll lose my visa if I travel back before H1 extension is filed with USCIS. But my Immigration HR told me that it is a guideline to be present in US but not a regulation.
I could not get much information from any website.
Could you please confirm if H1 extension can be filed even if the candidate is not in US?
Thanks,
Jiten
Yes, extension can be filed while you are out of US.
Hello Saurabh
I am currently on H1 authorization (which expires in a month). My organization has applied for the H1 renewal and I plan to travel outside the country next month. I do not expect the renewed 797 paperwork to come back in time for my travel (departing the US). My organization has informed me that they will send me my renewal paperwork (to my overseas address) as soon as they receive it thus enabling me to apply for the H1 visa while I am overseas (my country of citizenship).
Could you please let me know what (if any) are the issues /risks surrounding this ? Thanks for your time and help.
Regards
Sai
PS: THe last visa stamped on my passport was an F-1 (if that matters or in anyway has a bearing on this issue.)
It should be fine as long as you receive H-1 petition before going for stamping. If your extension is delayed (RFE or otherwise), you will not be able to go for H-1 stamping. Also, you would require rest of the documentation required for H-1 stamping.
My lawyer got a 797 approval notice, but haven’t received the notice with I-94 to it. Any clue how long does it take for that to arrive? And who get’s that – me, employer or lawyer?
Thanks
When you say 797 approval notice, I assume you are not referring to 797C. There is only one 797 approval notice sent (which would either by 797A or 797B). If it comes w/ I-94 then your COS got approved. If it didn’t come w/ I-94 then COS didn’t get approved.
Thank Saurabh
So my lawyer got an approval notice but that one didn’t have I-94 attached to it and my lawyer informed me that my employer (HR) will receive that and they did today, so now I have the original 797 with the I-94.
Thanks for your help.
Hi,
My H1B is expiring on 10/20/2011. My H1B extension could not be filed earlier because I was waiting for my PERM labor approval and I-140 approval. My PERM got approved on Sep 14th and I-140 got approved on Oct 6th. However, now my employer has not yet filed my H1B extension because they could not find a full time project yet. My resource managers are on the serious lookout for a full time project for me and I currently have two projects in hand (both being full time only about two months beyond my current visa expiration date). But employer is still not convinced with these two projects as they want to file an extension petition only when the projects are atleast 6 months beyond my visa expiration date. Now, I had planned for a vacation to India from Oct 23rd – Nov 14th. Since my H1B is expiring on 10/20 and I am leaving to India on 10/23, I will be out of status from 10/21 – 10/23. I want to apply for a change of status to H4 on 10/20 and then leave US for India on 10/23. Now, my question is do I still have to file change of status to H4, if I am leaving US on 10/20 itself instead of 10/23?
Please suggest.
Thank you,
SSr.
If you are in US for 3 more days beyond I-94 expiration date, you should still be fine. However, to return back on H-1, you will need to have an approved unexpired petition and visa stamp. As your current petition would have expired, you will not be able to return until new petition gets approved.
Hi Saurabh
My EB2 PD is Nov 2009. Recently, there was a good movement till Nov 2007 in the November bulletin. Since there are not much applications is 2008 n 2009, Can i expect to file I-485 sometime next year? Please share your views.
Regards
Ram
How do you know that not many applications were filed in 2008 or 2009? Are you referring to the bi-yearly numbers released by USCIS regarding pending I-485?
Because the dates became current in 2007, lot of I-485s were filed in 2007 and so those documents show all petitions filed until 2007. But I don’t know how many applications were filed after 2007. However, seeing how economy tanked after 2007, I think it is safe to assume that lesser number of applications were filed after 2007. Movement of EB-2 category over next few months would provide a better indicator on how fast it is getting.
I got RFE, I don’t know on what basis USCIS is giving visas.
Details :
Regular H1 Extension
Vermont service center
Receipt date: 24-Jun-11
Status: RFE
RFE Date : 07-oct-2011
Really i got frustrated. I got H1B on 2011 quota, they have given only one year approval (from Nov,2010 to Nov,2011).
Now for the same client and same company i applied for extension on 24-jun-2011 and got RFE. People who are applied from the same client and company got approved without any RFE’s. Recently lot people got approved for the same client and i am working for MNC.
Really i don’t know on what bases they are issuing visas..
I am on H1B visa and wife on H4 and need to file the extension in Nov’2011 as it expires in Feb 2012. My wife goes out of US and reaches US in Dec-2011. Should I files for the extension together or can I apply my extesnion first and then apply for her extesnion when she reaches US in Dec?
Her extension should be filed only after she returns to US. Although they can be filed separately, it’s better to file them together so that they can be tracked/processed simultaneously. It’s up to you.
Hi Saurabh,
I’ve couple of questions regarding H1b filing:
1) I’m planning to move to USA in January on H1-B dependent VISA (H4) and plan to apply a fresh H1b through any consultancy, so will i get it as soon as it is approved or still do i have to wait till Oct 2012?
2) Once it is approved can i start working or do i need a VISA stamping?
3) Between April to Oct period you can’t work i think, that still apply if you are in USA where in you don’t need VISA stamping you can start working once your petition is approved?
4) If you apply your application in March than still do you have to wait till Oct or you can start working as soon as it is approved?
5) What is the best month for applying the H1b where in you have better chance of getting it?
I know most of the questions are related or repetitive but it would be great if you help me out with all these clarifications.
Thanks in advance!!!!!
1. If it is applied in FY-12 quota, then you can start working from the approval date (assuming it is filed and approved w/ COS). If it is filed in FY-13 quota (opens April 2012), then you will have to wait for Oct 2012 to start working on H-1. One can apply in FY-12 quota as long as it is open; you can follow the count on USCIS website on here on the blog.
2. If it is approved w/ COS, then you can start working from the date mentioned in the approval notice. No need for stamping at that point (you would still need to get it stamped when you travel out of US next and want to return and work on H-1). If COS is not approved, then stamping is required in order to start working on H-1.
3. I didn’t understand this question.
4. See (1). Also, when one can apply in March only in FY-12 quota. FY-13 quota filings don’t begin until April.
5. There is nothing like that. Filing through a good employer gets approved in any month, while filing through a bad month will get denied in any given month. What you need to ensure is that you are filing through a credible employer.
Hi Saurabh,
Thanks a lot for your quick reply.
Regarding point number 3 basically lets say i’m in USA in April-2012 and file the H1b in April itself so the approval i’ll get after October only or it can be issued before that also, and another thing can i start working once i receive the approval papers or do i have to wait till October(I’m still in USA)?
Thanks a lot once again!!!
If H-1 is applied in FY-12 quota (currently open), then you can start working on H-1 from the date mentioned in the approval notice (assuming it is filed and approved w/ COS).
If H-1 is applied in FY-13 (quota opens on 1st April 2012), then the earliest date to start working on H-1 is 1st Oct 2012 (assuming it is filed and approved w/ COS).
Does that answer your question?
Original H1B Petetion expiration Date & Visa Date: 12/31/201o
I-94 expiration Date: 1/10/2011
Applied for extension before 12/31/2010 and got the approval. But the new H1B petetion approval date is showing 1/10/2011.
The First H1B petetion expired on 12/31/2010. But the Effective Date on renewed/extended petetion is 1/10/2011. Is there a problem in the future because there is a gap from 1/1/2011 to 1//2011?
I think you should be ok. I don’t think USCIS would raise question about it in future, but if they do your attorney will have to provide a plausible reasoning. As it was just 10 days, and extension eventually came through along w/ I-94, I think it is trivial.
BTW, do you know what the H-1 start date requested by the employer – 1/1/2011 or 1/10/2011?
Hello Saurabh,
Thanks for the previous replies. My visa extension was upgraded to premium processing on 15th Sep (as per e-mail from vermont service center). Online status information shown the date as 16th Sep. In this case from which date we need to consider 15 calendar days? and is that includes the received date mentioned by USCIS? (i.e. including 15th / 16th in the count?). Today, my case status changed to RFE. Will Attorney receive an e-mail update about RFE? or will it be a mail update? and in how many days USCIS will send RFE details? It looks vermont service center is taking maximum time to process the visa extension cases upgraded from normal processing to premium processing. Thanks in advance.
15 calendar day period starts on the date USCIS receives and process the premium processing request.
I am not sure if they would receive the RFE details in the email, but would definitely receive it in the mail. They would halt the processing while RFE is pending. Once they receive the RFE response, they would commence the processing again and would adjudicate it within another 15 calendar days.
Hello Saurabh
I have one question.
Last week my H1b petition is approved.
Can you please tell me whether USCIS will choose which consulate should i go for H1b stamping or i can choose the consulate in the country n which iam registered OR my home country ?
In the I797 form,is the start date of the employment mentioned and till what date max i can postpone applying the H1b visa stamping ..
Please suggest.
regards
Your employer would have put in the request for a specific consulate when filing the I-129. USCIS would notify that consulate about the approval of your petition.
For first time stamping, it’s better to go to the home country for stamping. If you are in India, you will be allowed to select a different consulate when making the appointment date. You choices would be displayed as you proceed to select a date. However, be aware that if you go to a different country for visa stamping than that mentioned in the I-129 form, VO has the option of sending you back to your home country or putting your case in administrative processing while they wait for more information from USCIS.
Hi Saurabh
Thanks alot for you quick and promt response.
I have few more questions,pls clarify:
1) In the I797 form,is the start date of the employment mentioned and till what date max i can postpone applying the H1b visa stamping
2) Currently iam not in India and my family is in India.If i go for stamping now and if my visa is approved ,then can my family apply from India for h4 immediately or should they only apply after i goto US and work for some time (2 or 3months) then apply.
Iam planning to apaply in oct and my family once i get approval and iamplaning to travel in Dec or Jan.
Please suggest
regards
1. Yes start date is mentioned. You can delay as much as you can. The more you delay the more burden you have to show that employment is still valid. This can be shown by submitting a more recent letter from the employer stating their intent to still hire you on H-1.
2. Your family can apply for dependents visa soon after you get your visa stamped. If they go for stamping after you have traveled to US on H-1, then they need to carry your recent payslips and W2 (if any) for successful stamping.
Hi Veeru,
I just want to know how long did take to approved ?
My one has been submitted 21st of July 2011, but not reply yet. still in the review.
Do you have any advice. Thank you.
Hi Saurabh & Kumar,
Question on USCIS Bridge Petition — H1B Visa —- very urgent!!!
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)I’m aware that the petition filed by company A would act as a bridge petition, but as mentioned above company B filed new COS petition (on 08/22/2011) before company A withdrew it’s application(on 09/02/1011). So my question is how will this scenario impact my approval chances for both I-797 and I-94 extension.
2) USCIS stated that a subsequent bridge petitions would be VOID if any of the pre-existing petitions is denied( Does this memo hold good for petitions that are withdrawn as well?), if not how is the status of an applicant determined in this case…pls explain.
I greatly appreciate your responses!
Regards,
Mohan
I am not sure what the right answer is, but I will try to answer to best of my knowledge. You should talk to a lawyer for a more concrete correct answer.
1. As it was filed before A’s withdrawal, I think you should be fine.
2. Generally denial and withdrawal are considered differently. Denial means USCIS determined you or employer are not qualified for the H-1. However when the petition is withdrew, USCIS hasn’t made any such determination. So the bridge would still be established.
But as it’s a tricky situation you should consult a good immigration lawyer to determine what your current status is and what your options are.
Good luck!
Thanks for the reply Saurabh, I appreciate it!!
Hi Saurabh,
Thanks for your replay.
One more question , As per the above details regarding the visa extension
“When to file H1B visa extension petition ?
USCIS lets you apply for H1B visa extension 6 months before the expiration. What it means is, let’s say your H1B visa is expiring October 1st, 2010 then you can apply your visa petition anytime after April 1st, 2010. ”
So do you think its possible to do the extension , if the petition date expired.
Please explain
Thanks and regards,
Swapna.
My answer is based on assumption that you are already in US on H-1 while your petition expired. An extension can be filed as long as one was maintaining legal status at the time of extension filing. In case of H-1, this is conjunction of 2 things – unexpired I-94 and unexpired 797. The former shows that you are legally present in US, and the latter shows that you are legally working and maintaining your status. So if your 797 has expired, that implies you weren’t maintaining status as you shouldn’t be getting paid on expired 797 and so extension may be difficult.
If you are filing from outside US, then extension can be filed even after expiration of 797.
Hi,
I need an urgent guidance regarding my situation. My I797 is expiring 9/26, my first time extension petition has already been filed with PPS on 9/16 however haven’t received my EAC number yet. Also since I haven’t left the country since entry my I94 has been expired (duration of study) long ago at the end of studies when initially filed for I797. My question is if I receive EAC before 9/26 am I allowed to stay in US and work as well? or do I need I797 approval in order to stay and/or is it required to continue work? Do I need to leave the country on 9/26 and go back to home country or different country in order to not stay out of status here? What are my options to stay in status without leaving the country? Due to unprecedented circumstance which were not in my control the petition was filed very late but at least before I797 expiration.
You can stay and continue to work as long as your H-1 extension (797) was filed before your I-94 expired. You will have to leave the country in case your extension isn’t approved within 240 days of your I-94 expiration or if it is denied.
Thank you for reply Saurabh. But my I94 has already been expired i believe since I changed status three years ago. If 797 extension is approved before expiry then shouldn’t be an issue.
1. So when do my 240 days starts? from expiry of 797?
2. If I continue to work and if it is denied then the period I work after 797 expiry wouldn’t be in here out of status?
3. Would going to canada before expiry and returning with 797 stamped from canada advisable?
Thank you again for your reply, awaiting your guidance.
When your current 797 arrived, didn’t it arrive w/ an I-94 attached to bottom of it?
1. 240 days start from expiration of latest I-94 (the one that came along w/ 797 or you received when entering US during your most recent visit)
2. Rule isn’t clear on this. Some say, one is considered out of status from the I-94 expiration date, while others say it is considered from the day USCIS denies 797 extension.
3. You can go for H-1 stamping, but you need to have a valid unexpired 797 in order to go for stamping.
Hi Saurabh,
How many days you have to wait to go for stamping from the I797 approval? Is there a minimum time limit that you have to WAIT even though you’ve 2 month paystub by the time of I797 approval or can you GO as soon as you have the approval if you have 2 month paystubs?
Thank you in advance for your guidance.
Once you have the extended petition you can go for stamping anytime you want. You were on H-1 even before this, right? So you should be having more than 2 payslips. You can carry recent payslips (for at least 3 months) and past W2s and then go for stamping.
If you do not have to travel outside of US, then no stamping is required.
Hi,
I have got H1B for 1 year and its valid till 01Feb2012 . My I94 is valid till 31Jan2012. I am planning to travel to India for a short trip (2 weeks) in the month of Dec. In this regard
1. Should my employer apply for extension before I leave US?
2.If in case extension is not applied before I travel, I hope I can return to US by end of Dec as I still hold valid I-94, petition and stamping (01Feb2012)
Please advice
1. Yes, it can be filed. However, once you leave US, I-94 extension would be abandoned. Your 797 would still be processed and may get extended.
2. You can return to US as long as you have valid H-1 visa stamp. Your current I-94 would be closed as soon as you leave US. You will be issued a new I-94 when you return, the expiration date of which would be same as your 797 expiration date. So if your extension hasn’t been approved yet, then it will be based on old 797. That means I-94 extension would need to be filed soon after entering US.
Hi Saurabh,
My visa and petition got expired on 3rd September and due to some unavoidable circumstances my company could not file the extension. I have returned back to India and my company is now filing H1 Extension in premium processing mode. Is this a valid scenario and if yes what are the consequences of this on the approval of extension?
Yes, it’s a valid scenario. If you left US timely after I-94 expiration, it shouldn’t impact your processing. Rest of the processing would depend upon the usual stuff – your profile, employer credentials, proposed job etc.