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,
My question is I was working for employer A and got my H1B Visa which was valid till Aug 2011. My petition was valid from 01 Oct 2008 to 4 Aug 2011. I did not get a chance to go to US even a once ,now both my petition and visa have been expired. I have changed my employer now, Is it possible for me to get it (Petition & Visa) extended now from India?
Thank Much in advance
Gopi
Gopi,
Only an employer can extend the petition. Most likely, your old employer has no interest in extending the new petition. If the new employer is ready, they can file a cap-exempt petition for you. You don’t need to go through cap again, and just need copy of old approved petition to show that you have already made through the cap. Once approved, you can appear for stamping through new employer and then travel to US to work for the new employer.
Thank you so much Saurabh for your very important information.
Below are few more questions:
1.How long does it take to transfer H1B petition to new employer?
2.How long does it take to extend H1B petition and get it stamped? Would it be faster than fresh petition applicaton?
3.Is it the same process as applying for fresh petition?
4.How much does it cost?
5.Do i need to get new LCA?
Thanks so much again Saurabh
Gopi
Gopi,
1. The new petition can take 2-6 months to process, and 15 calendar days under premium processing. If RFE is issued then it can take even longer.
2. Same as (1). Stamping will also take same time as before (a week if successful or weeks to months if 221g is issued)
3. Yes. In both cases you need to submit copy of previously approved petition to show that you have already made through the cap
4. If it is a transfer then the cost is same as before. If it is extension (i.e. by same old employer) then it will cost around $300. Attorney and PP fees are separate
5. Yes
Thank you so much Saurabh for your informations.
It is really funny to stay in US with expired license. Your health will improve due to some extra walking. If you are in the New York area it really does not matter.
you can get the licence extended with the help of your extension receipt. ofcourse the law may be different is each state, but I got mine extended for a period of 1 year in kentucky.
My H1B petition got approved on 9th Aug 2012
Petition validity written in the 1st page is till 31th Sept 2013.
I am travelling mid Nov.
1) Please tell me about no. of years extension i can apply for , when i must apply and money required in my case.
2) I take a daily medicine.
What is procedure to take 1 yr medicine with me.
Shurva,
1. You can apply for as many extensions until you reach 6 year stay in US on H-1
2. Don’t know
Hi Saurabh,
I have some question regarding my H1B.
I am currently in US with valid H1 for next 2 years. My questions are:
1. If for some reason company fires me, what will be status of my H1B? How long an employee can stay in US once employee gets fired?
2. What is the lead time to file to H1B Transfer (how time we get to file for H1B transfer after employeed is fired
3. Can someone stay in US once he is fired by the employer who is holding H1B, if so how long?
Thanks You.
1) 2 weeks. It depends on the employer though, if he revokes the H1-B then you have 2 weeks time. But waiting without H1-B transfer is not a good option because you will never get to know if your H1 is revoked or not.
2) If you sense attrition or you are fired for some other reason, better file H1-B transfer immediately within a week’s time.
3) 2 Weeks.
Hi,
My H1B visa got expired in this September. If I change my emplyer now, can my new emplyer file new visa in non-cap (not in 65k limit) criteria? Or only current company only can file in this non-cap criteria?
Saurabh.. any idea about my case?..
I am currently in india..My H1B is expired .. if i change job now here in india.. can my employer file H1B in out of cap?
Saurabh.. any idea about my case?..
I am currently in india..
I need some information related to my H1B extension.
My Petition expiry date is – April 15th, 2013
My Visa expiry date is – April 15th, 2013
My I-94 expiry date is- April 15th, 2013
My questions are-
1) When should I start the extension procedure and how long it will take to get the extended Visa ?
2) If I will start extension procedure on coming October 2012, is it possible that I will get my extended visa before April 2013 ?
3) After getting extended visa can I go oversea without any problem and come back to USA ?
and the most important is-
4) I have some plans to travel oversea in the month of April, how can I solve this problem ?
Please reply me ASAP.
My employer is a reputed Indian MNC and I am working in US on H1B visa. I got the visa stamped in march 2012 and the petition validity was only for one year. Now my visa expires on February 2013. I am now applying for my H1B visa extension however my employer asked to start the process for extending I-94. I am not sure about the difference between H1B visa extension and I-94 extension. I have couple of doubts, if someone could throw some light on it.
1. I-94 extension mean that the I-94 validity will be extended however the Visa validity will not extended?
2. Also I-94 extension will be valid till the time I am staying in US so if I want to go back to India or out of US for vacation then I am not allowed to come back to US because I would not have valid Visa, is that correct?
Please advise on the above queries so that I can talk to my employer to extend my H1B visa not I-94.
First of all visa expiration has nothing t do with your I-94 validity. Visa is a travel document that was stamped on your passport when you went for visa interview. Visa allows you to travel to specific country and in this case the US. I-94 is the real document which states how long you are eligible to stay in the US. You can stay in the US with a valid I-94 and expired visa.
Look the I-797 approval notice that you took for the visa stamping. It has a line which states “Valid from mm/dd/yyyy to mm/dd/yyyy” i.e. “Valid from 10/01/2010 to 09/30/2013” ect. Check what is your “to” date. If it is beyond this year then you can simply go for I-94 extension and no need of visa stamping if you continue your stay in the US.
I’ve answered your question below
1) True. I-94 extension will allow you continuous stay in the US and is doesn’t mean your visa is extended.
2) True. If you have an expired visa and travel out side of the US, then you need a new visa for re-entry.
2)
I need some information related to my H1B extension.
My Petition expiry date is – April 15th, 2013
My Visa expiry date is – April 15th, 2013
My I-94 expiry date is- April 15th, 2013
My questions are-
1) When should I start the extension procedure and how long it will take to get the extended Visa ?
2) If I will start extension procedure on coming October 2012, is it possible that I will get my extended visa before April 2013 ?
3) After getting extended visa can I go oversea without any problem and come back to USA ?
and the most important is-
4) I have some plans to travel oversea in the month of April, how can I solve this problem ?
Please reply me ASAP.
Hi Saurabh,
I got H1B in May12 from my company and the expiration date is 26th Feb 2013.
I have not been to US till now and will be travelling to US in first week of Jan’13 and then file for extension. Please let me knw if there will be any issue in filing my extension.
Please let me know how soon one should apply for Visa extension before VisaExpiry date.
What should be the safest travel date in my case.
Thanks
Vikas
Vikas,
It would be ok to travel in Jan and then file for extension. As long as the extension is filed prior to I-94 expiration (which will be issued when you enter US), it should be fine.
Hi ,
Present I am working for one of the reputed indian MNC with client X. My Current H1B expires on 07-Nov-2012 , applied and got approval for extension untill 2015. But i am planning to move to Consulting in EVC Model for Client Y. Consulting firm applying for my H1B transfer, But we don’t have Y’s Client letter. But my consulting firm have all other documentation with My Vendor and client(PO,Roles and Responsibilities).
Can you please tell the possibility of getting Transfer with Purchase order and Contract details with vendor and Employer, With out having client Letter.
Thanks in advance
Regards
Krishna
Hi Krishna,
In your case how much time it took to get the extended VISA ?
Krishna,
It may or may not be possible as it would depend upon officer’s discretion and your employer’s size and past H-1 history. I would suggest having a discussion w/ employer, vendor and client about what to do in case USCIS issues RFE regarding the client letter. Your attorney can argue that client doesn’t issue letter and other documents can be used in lieu of that letter.
Hi Saurabh,
Could you please assist me.
I need some information related to my H1B extension.
My Petition expiry date is – April 15th, 2013
My Visa expiry date is – April 15th, 2013
My I-94 expiry date is- April 15th, 2013
My questions are-
1) When should I start the extension procedure and how long it will take to get the extended Visa ?
2) If I will start extension procedure on coming October 2012, is it possible that I will get my extended visa before April 2013 ?
3) After getting extended visa can I go oversea without any problem and come back to USA ?
and the most important is-
4) I have some plans to travel oversea in the month of April, how can I solve this problem ?
Hi Saurabh,
Thanks for your help,
I am currently on an H1-B Visa that expires on Sept 30 2012 and I had my I-140 approved in August (EB2). My company is waiting for the 2012 October Visa Bulletin to either apply for my EAD and I-485 or my H1. They have all my paperwork ready for the H1 ,I am a little bit worry because and I do not want to stop working. so my question is
if they decide to apply for my EAD and I-485 instead of the H1, how long does it take to get the EAD?
Can I keep working even if my H1 Expires and I am waiting for my EAD?
I guess they do not want to pay for my extension because I will be able to apply for my I-485 right away. Should I ask them to apply for the H1 Visa?
Please advice
Thanks,
Juan
Juan,
When you apply for 485, EAD may take few months to come through.
Oct visa bulletin will be released in mid-Sep. If the dates do not become favorable for you, then you can always go for H-1 extension. However, even if they become favorable, you may not be able to take advantage of EAD immediately. IMO, your company should file for H-1 extension to avoid the timing issue.
Thank you that is that I thought.
Juan
Hi Saurabh,
I am currently on H1b Visa which expires on 23 jan 2013. I have applied for h1b Extension. I am planning to go back to India. I might not travel back to US before 23 Jan 2013. My question is that can I travel to India while the extension is in process? Can I get my approval while I am outside US? Will it have any impact on approval whether I am physically present in US or not?
Or should i wait till my approval comes then only I should travel to India.
Please suggest. I want to go home ASAP without losing my work permit.
Thanks,
Shekhar
Shekhar,
Yes, you can travel while extension is in process. Your extension will still be processed but no new I-94 will be attached. You will have to rely on I-94 which will be issued at airport when you return to US. You may have to go for visa stamping as well depending upon your return date and when it expires.
Hi Saurabh,
My H1B visa got expired on May 18th and I have filed for an extention before that. It is there with USCIS from May 9th. It is a normal processing. It is almost more than 3 months and still the status is ‘Initial Review’. I am planning to travel back to India in another 1 month. Is there any problem with the extn approval if I travelled outside US? Usually for my friends it got approved in less than 3 months.
Thanks
Ram
Ram,
I assume your visa stamp also expired when petition expired. So you need to go for H-1 visa stamping in order to return to US, which requires an approved petition. I suggest upgrading your petition to premium processing so that you can go for stamping and return to US.
dad
I have H1b visa , Already my visa was extended two times , for six years in total . It will expire with in 8 months , I wanted to extend my visa for another 3 years my empluee are happy to do . Already filed and finishesd all the process , only wating to apply for green card [email removed]
And your question is?
My current H1B expires on Sep 18th, 2012. I have travel plans to India around end of September, planning to get stamping and return.
My attorneys had filed my extension to USCIS on 17th May 2012. This was under premium processing.
I have still not recd. my approval notice. Been 2.5 months already. USCIS national average for I-129 says 2 months. Is 3 months+ processing times normal for H1B petition extenstions? I need to make changes to my travels plans if I dont get it by Sep 10th.
Can you pls. advise? I dont think I have any other options than waiting?
Thanks.
Vytesh Ramesh,
PP cases are adjudicated within 15 calendar days. So your case should have been processed by now unless RFE was issued. You should follow-up w/ your attorney about this.
Saurabh,
Thanks for your response.
Just heard back from my attorneys saying that it was NOT in premium processing, It was submitted under normal processing on May 17th 2012. They said the average processing time for H1B extension is 3.5 to 4 months. Is that true? I have travel plans later next month, would it be a good idea to wait for this month and then file for PP if no update from USCIS?
Vytesh,
Yes, you should upgrade to PP if it starts cutting too close. Under normal processing it can take up to 6 months or even more.
Currently i have H1B visa is valid till September 2012, and the current company where i am working in US they downsizing the people and they sent back to me to India last year Dec 2011. Now i am getting an offer from other companies in US.
The company which i left in US is not applied my visa renewal as such. Will it possible to apply renewal now. What i have to do… please advice.
Kumar,
The new employer will have to file cap-exempt petition for you by submitting copy of your old petition, US payslips etc. Once approved, you will have to go for H-1 visa stamping (as your visa stamp would have expired by the time petition comes through). Once done, you can travel to US to work for new employer.
Saurabh-
Could you tell me how much time it takes for H1-B Cap exempt visa processing? Is it same as the time it takes for H1b in the current Cap. My H1B Cap exempt has been filed on June 31 2012, by when do you think i would be able to go for visa stamping.
Thanks
ashwin
Ashwin,
Typically it takes 2 months, but can take as much as 6 months also.
Hi Saurabh,
Can you please help me with the following query?
Can a H1B petition that is already filed at USCIS be withdrawn by the employer? If yes, then:
1) Are there any specific criteria / rules under which the petition can be withdrawn?
2) Is there any specific time frame within which withdraw should happen?
3) Will the filing fee be refunded?
Thanks a lot in Advance,
Abhinav.
Abhinav,
1. They can withdraw as per their will
2. It can happen anytime. Even after the petition has been approved
3. I don’t think so
Hello,
I am searching for the right answer to my question from last one week and seeing different opinions. Please confirm me what is the correct approach.
Currenly I am working with Employer A and my visa is getting expired on Sep 10 2012 and I have valid I 94 till Sep 10 2012, now my Employer A applied for extension which is in pending.
I got a good offer from Employer B and I would like to move to this company. Employer B is ready for doing premium transfer. Is this okay to move to employer B.
And what happens if my employer A extension petition is in RFE and they don’t respond as I left the company ? Is that gives any problem for my stay in US. or Do I need to ask Employer B to apply for extension also in Premium and complete all formalities with Employer B before my I 94 expires.
Can you please clarify, I really appreciate your patience. I have searched for right answer but still confused. If you can refer me the similar thread that also very helpful.
Thanks,
Kamal.
Kamal,
There needs to be a continuity of I-94. If B files for H-1 transfer prior to your current I-94 expiration date, then you can join B immediately based on transfer notice and not worry about A’s petition anymore. If B files for transfer after A’s I-94 has expired then it will be approved only after A’s extension gets approved as that would establish continuity of I-94.
Hi Saurabh.
Thanks for all your help.
I am currently in US on H1-B which expires on September 19, 2012. I filed for an extension on June 12, 2012 (not premium). I havent got the approval yet. I am planning to travel to Europe at the end of August and come back in US on Septmber 23, 2012 (4 days after the expiration of my current H1-B) cause i need to be in Europe on Sep 22. Do you think i will be OK? that i will have the approval and time before Sep 23 and stamp my passport? or is too risky?
Ody,
This will not work out. To return to US, you need to have a valid petition and visa stamp, which you will not have on Sep 23.
I suggest upgrading your petition to PP, so that it gets approved and then going for H-1 visa stamping in Europe, and only then returning to US.
Did you discuss this w/ your attorney?
Hi,
Ive been enjoying this forum…my first H1b is expiring on september 07, and my employer wants to file for the second 3 years …will he need to get a new LCA or should he use a copy of the first one? also how much is he supposed to pay for the second H1b? will he pay for the fraud fee?
Uzo,
You need a new LCA.
Hi Saurabh,
Thank you for the wonderful information.
I have another question not addressed. My original H1B petition was valid until 9/21/2012, but last year (2011), I changed employer, and my new employer sent a petition with 3 year from October 2011. Because my original H1B petition with old employer is expiring on 9/21/2012, does my current employer have to file extension or last year’s change of employer petition will automatically extend my H1B status until October 2014?
My currently employer still has not received any response (decision about change of employer petition) from immigration office yet.
Your advise will be greatly appreciated.
Thank you.
Ki
Ki,
When USCIS reviews the petition filed by new employer, they will process it and approve it for a duration (say from XXX date to YYY date). If you then join the new employer, you are covered until YYY date. This employer will have to file for extension prior to YYY date.
If you want to continue w/ current employer then they need to file for extension as their own petition expires on Sep 21.
Does that clarify?
Hi Saurabh,
My H1B petition got approved last week , but its approved only for one syear though my employer had requested for 3 years, any idea as to what could be the reason?
Also, can my employer contact USCIS and get the validity extended for three years ?
Viki,
Are you working for consulting company? If yes, then what was the duration of the project submitted? USCIS usually approves it for 1 year when they are not sure about employer’s ability to pay for your job after 1 year. Yes, subsequent extensions can be filed in future.
Hi Saurabh ,
I have valid H1-B VISA till 16th September, 2012. My dependents too are having H4 VISA validity till 16th September, 2012. I am in US but my dependents are in India. I have applied for the H1-B extension which got filed on 30th May, 2012 and is currently under processing. I haven’t applied for dependents VISA Extension as they are in India. Now, can my dependents travel on the exsting H4 VISA and join me in the US? Will there be any problem at the port of entry ? I am planning apply for their extension as soon as they arrive into US.
Can you please help me with this? Your help will be greatly appreciated.
Thanks a ton in advance.
Abhinav,
They can travel to US on H-4 visa until Sep 16. Then their extensions need to be filed soon after landing in US. The other option is that they enter US after you get your H-1 extended. You can then send a copy of your extended 797 to them, and they can show that document when entering US. This way they will get I-94 valid until new 797 expiration date and no separate extensions are required for them.
Hi Saurabh,
How are you doing? would it impact if my husband file COS from L1 to F1 while my H1 is still in progress?
Uma,
It is doable but you need to be careful. If he moves to F-1, and your H-1 gets denied then you will become out of status (L-2 is no longer valid).
If possible, he should enroll in the school on L-1 and later move to F-1 once you are no longer attached to his status and have your own H-1.
Hello Saurabh,
First of all, Thanks for helping us with your valuable suggestions !!!
Currently, am staying in INDIA. I have H1b visa validity for 4 more months(getting expired on September 30,2012).
— Can I apply for H1b extension staying in INDIA.
— If so, how many months before I need to apply for H1 extension.
Please help
Raghavendra Rao V,
1. Yes
2. It can be applied at most 6 months prior to H-1 expiration date. As you are outside of US, it can be applied even after the petition has expired.
My H1B is getting expired in Oct’12 and I am in India. If I need to file extension from here only, without travel to USA. What is the procedure. Can you please help?
vaishali,
Have the employer file H-1 petition for you (cap-exempt) and submit necessary documentation. Once approved, you can go for stamping and then travel to US. As you didn’t travel on your earlier petition, USCIS may ask why they want to file for renewal when you didn’t use it in the first time.
Saurabh, I am currently working under my H1-B, I am planning to get married to my partner. How does this affect my status exactly?
Ren,
You can continue to remain on H-1 visa even after marriage. Is your partner an immigrant or a US citizen?
He is a U.S citizen.. Once we get married, when am I able to work somewhere other than my H1 employer?
Ren,
Your spouse can file Green Card for you after the marriage. Once the EAD arrives, you can work for any employer. Even prior to that you can use H-1 transfer to have another employer file H-1 petition for you and work for the new employer.
Right now I still want to continue working under my current H1 employer. My first 3 years is due to expire in September, can I still continue working there if my spouse has applied for my green card but I am still waiting for my EAD?
Thanks for your help
Ren,
Yes, you will be sill be on H-1 visa status and can continue working for them until H-1 petition expiration date.
how long does the EAC take to arrive after we have married and applied for it?
Ren,
I don’t know about the EAD processing times for family based green cards.
Hi Saurabh,
My H1B visa from employer A is expiring on July 31st. I have I797 approval notice till April 2015 of employer B. I have to go to India and come back on July 1st. My question is –
1) Will I have any issue at the port of entry as on July 1st only 1 month will be left for employer A visa expiry? Can the officer detain me as visa will expire in one month and I will not have stamping of new employer B?
2) If they allow entry on old visa, what date will he put on I94? Will it be of old visa or new I797 date?
Thanks a lot for your help!
Sunidhi,
1. It should be fine. There is no requirement that visa stamp should be valid for a certain duration of time when entering US. Visa stamp is used only for entry and doesn’t solve any purpose thereafter once the person is inside US
2. The date will be based on the 797 petition you show at PoE
Thanks a lot for confirming. I was really confused! I hope Employment letter and 3 pay stubs of company B should be enough proof just in case officer asks at port of entry. Please let me know if any other documentation I should carry.
Thanks again!
Sunidhi,
That should be fine. Also carry contact details of your manager.
I am applying for a renewal of my H1B which expires Sept. 20. Will the new visa start from October 1? If so, can I still work during those 10 days in between?
Redneckwoman,
As this is a renewal, your employer can request a start date of Sep 21. Only new petitions are subject to oct 1 start date.
Thanks! 🙂
Hi Saurabh,
My H1B visa is set to expiry on June-09-2012. my LCA is valid till sep 2013. My employer has processed my visa extension. my Documents has sent to attorney it seems. will they process the LCA again for me? will they file my petition before my visa expiry date? what is the exact process. ?
Prapoo,
I am not sure if they can use the old LCA. If they want to file H-1 petition for a date beyond Sep 2013, then definitely a new LCA is required for that date.
Thanks for your reply Saurabh,
Will the attorny file my extension before my visa expiry date. Can i stay and work if they fill with the existing valid LCA. Because i got the update from Employer saying like my h1b extesion is under process with attorney. so i am not sure about the further process of processiong. could you please guide me.
Thanks,
-Prapoo.
Prapoo,
If you are in US, then they need to file the extension before your current visa petition expires. One can work while the extension is under process. They can do this for up to 240 days beyond I-94 expiration date or H-1 denial date (whichever is earlier).
Hi Saurabh,
Thank you so much for your help and support.
I’m in a bit of a problem. My current H1B visa is set to expire May 31st. My employer filed a renewal petition that was delivered to USCIS on May 4th (we have USPS delivery confirmation). I have yet to receive a receipt notice from them. My employer called USCIS to try to confirm they have received the application but they said it can take up to 30 days for them to input the file in the system and send a receipt notice. My question is, will I be out of status if May 31st comes and I have still not received a receipt notice from USCIS?
Thank you
Kodak77,
I think you should be fine. Your attorney can argue that as the petition reached USCIS prior to May 31, you should be considered eligible for extension and not out-of-status.
Hi,
I have a question on extension.
Currently I am working for Company A and my visa is getting expired on Aug 2012 and my employer is ready to extend my visa.
Now my question is I am looking for change in the employer and looking for another employer.
If I apply for extension with current employer and can I leave in middle(before extension approved) and join with another employer B or do I need to wait for extension this process get complete.
Please clarify..
Thanks in advance.
Kamal,
You can leave the employer while the extension is in progress. To successfully apply for H-1 transfer, you need to have a valid unexpired I-94. As long as you have that, you can leave the extension process in b/w. If your I-94 has expired, then you should first get a new I-94 (as part of extension) and then go for transfer.
I feel a bit stupid asking this question, but here goes….
My husband has just applied for an extension to his H1-B which expires in September this year, along with my H4 and our kids H4’s. Assuming all goes well and there are no problems, do we have to return to the UK to get another interview??? We hadn’t planned on going back to the UK this year and now I’m questioning whether this is going to be necessary. The extension is with the same employer that did the original H1-B and our PR applications have been in for a while. Any advice would be appreciated, thank you.
Kirsty Bratton,
If the extension gets approved, then you all can continue to stay and work in US. There is no need to go for stamping immediately. When approving the extension, USCIS will provide extended 797 and extended I-94s for all members, and this will allow you all to stay and work in US.
Next time you travel outside of US, you will have to get H-1/4 visa stamped in order to return to US.
Hi Saurabh,
Thanks for your supportive information. I have one question:
1. I have applied for my H1B extension and H4 extension for my dependents. Can my family return back to India after prior to get approval of their extension.
Will it be problem while departing from USA?
Will it create any problem of their extension?
Will it create any problem for their H4 stamping in India?
Thanks
Soumen
Soumen,
They can leave US while the extension is in progress. Their I-94 extension would be abandoned once they leave US. To go for stamping, they would need to have an approved extended 797 of yours.
Hi Saurabh, I have two employers, 2 approved petitions and I was informed that I dont need 2 i 94’s so I used the same I-94 at both the companies . which in reality was provided for one employer only . Am I supposed to have both the visa’s and two I -94’s ? I have to extend my years with both employers who are two different entities but I am only having one 1 94 . What can be done? Also I only used one visa attached to the 1st approved application with i 94 to get in and out but am working for both and am getting two w2’s .
What do you recommend I should do in to make the extension simple ?
Shall I go back to india and get my another visa for the second employer ? get another I-94 on entry . and use it for that company or I can still use the same i-94 for both . I have 4 months in hand right now before they both expire.
Mausam,
So you have petitions from employer A and B, but only one of them has I-94 attached (say A). Who are you working for now – A or B? If A, then they can file for extension by submitting copy of their approved petition, payslips and other documents. What incentive does B have to get the petition extended? You are not working for them. So is B ready to spend around 4K knowing that you are not working for them but A.
Dear Saurabh , I am working for both as they are in the same city and very close to each other . They both have no problems with me working this way. I get paid from both (A i-94) (B no i 94). They both want to sponsor me again . When my lawyer tried to do the extension with the employer B she proably ised my I-94 and she got the response that My I 94 is with different employer “A” and said I am not employed at “B ” . Probably they looked at the i 94 I had on my records. So How do we fix this issue ? All my trips have been related to the work with employer “A”
Also I have another employer who I worked for 3 years ago and they want to extend my last H1B petition too if Possible . Is that something we can do ? In other words extend the H1B after 3 years GAP?
Your responses are very helpful and encouraging. Thanks for being out there for us .
Mausam
Mausam,
You should consult an attorney (not attached to either A or B).
Hi,
My husband’s visa has been granted visa in April 12 which would expire in Dec-12 and he is expected to travel to US by June-12. My visa is under processing and I expect it to be approved in this years cap. Now the issue is I would be granted a visa for 3 yrs and he would need to file an extension for almost 3 years to be there with me. What would you suggest on this? Is it feasible for him to continuously file for an extension for 3 yrs? Do they grant extension for these many years? Or is there any other way out?
Please reply.
Thanks in advance!
Swarika
Swarika,
Extension can be granted for 1-3 years depending upon what employer requests and what USCIS deemed appropriate based on submitted documents. So either he can get it extended thrice in one-one year increments (if USCIS extends his petition for 1 year each time) or get the entire 3 year term in one go.
Does that clarify?
Saurabh,
If the employer files for a h1 more than 6 months in advance, do they have to refile it? i.e resend it? or will uscis hold the application and process it when it is within the 6 month period.
Ram,
They don’t need to refile it. Lot of petitions filed in April are for start date of Oct (6 months in future). USCIS processes them and approves them for start date of 6 months in future.
Hi Saurabh,
I have got my H1B Visa granted last week applied by my employer through BEP program. And my visa is valid only till 01Mar’13. I am currently in India, if I am not getting any opportunity to travel within near future, will it be possible for me to extend my VISA from India ? When do I need to start the process for initiating the renewal process ?
Jeyaprassad,
The employer can file for extension at most 6 months prior to H-1 expiration date. If you go for a new employer then they can file for H-1 transfer + extension anytime.
Thanks Saurabh for your reply. Will I be able to use this H1B visa when I switch to another employer since my case type is BEP. Kindly clarify.
Jeyaprassad,
Yes, another employer can file cap-exempt petition for you on the basis of this approved petition.
Currently, I am on H1-B and my wife is on H4 here in USA. My H1-B and H4 (spouse) has been expired and employer has filed for extension and but we have not received the approval from USCIS yet. Mostly likely, we would be receiving the extension approval by June 12 end as per current processing time and trends. Also, My guess, we might be receiving the extension (if approved) until DEC-13 as my current Project’s SOW which is submitted with Visa extension application ends in Dec-13 and hoping, she would also receive H4 extension until DEC-13 as well.
My wife is on H4 and an employer is ready to file for COS from H4 to H1 through regular processing. She is planning to travel to India in July-12 and return by mid of Nov-12. I have couple of questions with respect to visa stamping and travel:
– Could she travel to India in July-12 even if her H4 extension is not approved?
– Could COS (H4-H1) be filed before we receive the extension on current H4?
– What is best time to file for her COS from H4-H1 as H1 quota is filling fast? Looks like it may not last after mid July12.
– If she travels to India in July 12. Could COS be filed even after she leaves from US?
– Could she travel back to US on extended H4 even her COS (H4-H1) is under processing? I guess, she needs to go to Visa Stamping in India after H4 is extended. If yes, by what timeframe, she could travel back?
– Can she use H4 visa to enter in USA until her COS is approved and start working directly here itself if COS is approved later?
– If COS is approved when she is in India then is it mandatory to go for H1 stamping and travel to USA on H1 only? Can she travel on H4 but with approved COS (H4-H1) and later starts working on H1 here directly (w/o H1 Stamping)?
– Getting H4 Visa stamping is easy compared to COS (H1) stamping?
– Through Regular Processing, If COS is filed in Jun-July12 timeframe; probably she might get it sometime around NOV-12 timeframe. What would be start date of her H1-B? – 1st Oct 2012 or Date on which COS is approved? (If COS is approved)?
– Could she hold two VISAs (H4) and (H1) at same time and use anyone to travel back to USA?
– If her COS (h4 to h1) is approved. She starts working here in USA. Is it mandatory to have payroll (paystub) running to maintain H1 status. The reason to ask, if she wants to take few months of break but living in US only, what could be the options?
Please let me know if any of my questions are not clear.
Thanks
GJain14,
1. Yes, she can travel
2. You can file it, but it doesn’t help. She plans to leave US and return in Nov. So she will have to anyways file COS after returning in Nov or enter on stamped H-1 visa
3. The H-1 application can be filed anytime employer is ready (and quota is still open)
4. Yes, COS can be applied after she return in Nov and her petition has been approved
5. Yes, she will have to go for H-4 visa stamping and can go for it anytime she has all the required documentation
6. She can go for H-4 visa stamp and return on it. Then apply COS from H-4 to H-1
7. Chances of her H-4 approval stamping are tied to your H-1
8. COS will most likely not be approved as she would have left US in b/w. In case it is approved after Oct 1, it’s start date will be actual approval date and not Oct 1
9. When on H-1, she needs to be paid all the time. If she wants a break, then she should go to H-4 visa
It really helps when you serialize your questions, especially when there are so many of them.
Hi Saurabh,
My H1 expires on march 21,2013 .So , can I apply for my h1 extension next year i.e. in 2013 or do I need to apply in this year ?
Rooyi,
It can be applied as early as 6 months prior to expiration. So it can be applied on or after Sep 21. Or you can delay it until Jan-Feb 2013.
So, this means that we can apply for H1 extension at anytime during the year.
the reason for asking this is , usually h1 quota starts from April of every year right.
Rooyi,
That is only for the new H-1 petitions. Once a person has been counted in the quota, they are no longer subject to Oct 1 start date. This includes H-1 extensions and H-1 transfers.
Hi Saurabh,
First I would like to appreciate your effort for helping out people. Thanks so much for maintaining such a great and informative posting.
I was in US in 2006-2008. I went back to India and changed company in 2010. Last year, my employer applied for cap-exempted visa (I had expired visa thru previous company). After getting new H1B visa, I came US again and completed 3 months in US now, but not satisfied with my role and hence looking for change. Also my wife and son are still in India and yet to apply for dependent visa.
My questions are:
1. Will there be any problem in transferring cap-exempted visa
2. If I go back to India to bring my family immediately after changing company, do I need to go to US consulate for visa stamping again (my current visa is valid till 2014). If yes, is there any chance of rejection?
3. Since the Visa stamp on my passport has my current employer name and my family’s dependent visa will be applied by my next employer, can it happen, is there any problem?
4. Do I need to be there with my family in US consulate while they apply for dependent visa, if I change company here.
5. Once my visa get’s expired in 2014, can I file for extension, considering that I have cap-exempted visa
Overall, is it good idea to change company now OR should I wait till my family joins me in US. Actually, my family wants to join me in US after 3 months and hence i wanted to utilize this time to settle down in new company.
Please advise. Thanks in advance.
Burnwal,
1. No issues
2. Not required as long as your current visa stamp is still valid and has not expired
3. It will not be a problem
4. Your presence is not mandatory. They can go on their own as well.
5. So 2 extensions are required – petition and visa stamp. As you will be transferring H-1, your petition extension will depend upon when new 797 is expiring. As for visa stamp, you don’t need to worry about it as long as you are in US. You can continue to stay in US w/ your visa stamp getting expired. However, next time you travel outside of US, you will have to go for stamping.
If you have a good opportunity, then it may be better to go for it rather than waiting too long and letting it go. Just my opinion.
Hi,
I have been granted H1B visa for 1 year as I was issued “permanent Refusal” for my earlier H1B in chennai due to a fruad experience. Now my question is what do I need to do get the extension of my H1B as it expires in 2013. How early should I apply for the extension?
Please let me know detailed process to apply for extension for my case.
Regards,
Krishna
Krishna,
Employer can file for extension at most 6 months prior to H-1 expiration date and before expiration date(if you are in US). In case you are outside of US, you can file it at most 6 month prior to expiration date and even after it gets expired.
Hi Saurabh,
My visa is getting expired by 31st Aug 2012 and I am planning for a vacation from June 20th – 13 July 2012.
Is there going to be any problem at Port of Entry as I would be having only almost 45 days remaining?
After coming back I am planning to apply for extension, is that a good amount of time to apply for the extension?
Suresh Marth,
It should be fine. You can ask your employer to keep all documents ready and they can file it soon after you return to US.
Hi all,
I have been on H1B status since November 2006. My visa was renewed in 2009 and is set to expire at the end of May. My original 2006 visa startted in May of that year so I have a few months I did not use and I’m looking to extend my visa again so that I could use those months (basically from may until November of this year)
All this time I have been working for the same company and it is my understanding that I’m to apply for a cap-exempt visa since it has already been counted towards the cap. My question is, I read something about not being able to apply for cap exempt if the original cap petition was over 6 years old, Is that correct? Would that prevent me from applying as cap exempt?
Thank you
Kodak77,
You can apply for extension to get those catch-up months, such that your total time spent in US on H-1 gets to 6 years but not beyond. Don’t worry, you qualify for cap-exempt petition.
Great! Thank you for your help!
Hi Saurabh,
can i apply H1 extention in US before 6 months and come back to india during process?
Is it will create any issue while approving?
What is the chance of approving my extention petition?
Prakash,
H-1 extension cannot be applied more than 6 months in advance. You can travel out of US while extension is pending, but USCIS will then abandon I-94 extension. Your stay would be determined by the I-94 which will be issued when you return to US, which in turn will depend upon the petition you will show at PoE. So if you show old petition, then you will get an early ending I-94, but if you show extended 797 (assuming it is approved by that time), then you will get an extended I-94. Chances of approval will depend upon your profile, employer credentials and job’s H-1 relevance etc.
Hi Saurabh,
I will complete 3 years on my H1b Sept 2012 and my company has agreed to file for extension. I started working for this company only 9 months ago, so the H1B stamping on my passport still mentions the name of my previous company. If my extension is approved, do I need to leave the country and get a new H1B visa stamped? Will I have to attend an interview? Or can I just mail in my passport to the US consulate to have the new visa stamped?
Thanks
Divya
Divya,
No need to get for visa stamping now. As long as you are in US, you don’t need to worry about the visa stamp and it can get expired as well. However, next time you travel out of US and want to return on H-1 visa, then you need to get H-1 visa stamp (assuming the current visa stamp has expired). If that visa stamp is still valid, then you can continue to use it for travel purpose. Stamping can only be done at a consulate outside US by personally appearing for it.
Hi Saurabh,
I came back from US on Feb 2012, and my visa is valid till Dec 23rd 2012. Currently I am in India and will be going to US again on Dec 1st week. So my question is:
1> Is it possible to apply for an extension once I reach there on Dec 1st week? How long my I-94 will be valid as the Visa Expiration date will show Dec 23rd
2> OR can I apply for H1b visa extension from India after April 1st so that I can enter into US with atleast some years without the worry for I-94 date.
Kuntal,
1. Extension can be filed soon after you return to US. Ask your employer to keep all papers ready and they can file for extension after you enter US. To be on a safe side make sure it gets filed at least 1 week prior to 797/I-94 expiration date. You can stay for up to 240 days after I-94 expiration date while waiting for extension result.
2. This is a preferred option. The employer can file for extension at most 6 months prior to current 797 expiration date. Once approved, you can travel on old visa stamp (as it is still valid) and old+new 797 to get I-94 valid until newer petition’s expiration date.
Hi Saurabh,
How are you? I need your advise my H1b is expiring this end of Sep. 2012.
I plan to go back to my country this 1st week of April and plan to go back in the US 1st week of May 2012. Would I have a problem with immigration going back if my work visa is only less than a year valid?
ECG,
It should not be a problem.
Thanks again for your help.
Hi Saurabh,
My H1B visa is getting expired on September 2012 and I am currently in India and have not entered US even once and there is no scope in the near future also.
Can i extend my visa from India. Is it allowed?
Thanks,
Daya
Daya,
If the employer is willing and has a job for you, then it can be extended even while you are outside of US.
Hi,
My employer said we can send the filled applications for H1B before April 1st to USCIS. Can we send the applications around 10days before? Or just to bluff me my employer said this?
Surendra,
Any petitions received prior to April 1, will be considered to have been received in FY-12 and will be returned. He should ensure that petitions reach USCIS on April 1 or after for FY-13 quota.
Hi Saurabh..
Thanks for all your help..
I am currently in US on H1-B. I just reached here 20 days ago with my wife on H4.
My question is something different..
Currently in my passport there is a one character differnce in my mother’s name and it is Raj kumar Yadav but it should have been Raj Kumari Yadav.
I noticed this thing when i was about to give my H1-B interview in Delhi so i had no extra days in my hand to fix this name issue in my passport.
So here my each formalities like SSN # etc..i had to give my incorrect mother name which is right now in my passport.
So what you suggest me..?
Will it affact me in future if my employer plans for GC processing or something?
I want my mother also to come here to visit so how this can be possible..since her her real name and the name in my passport having one character difference.
Should i ask my mother to change her name legally there in india as it is here in my passport?
Please suggest..
Thanks…
Vishal,
I don’t think it will impact the chances of your mother getting the visitor’s visa. However, I am not sure how much (if any) it will impact your GC chances. What’s there on your birth certificate?
Thanks for your reply…
Saurabh..i do not have my Birth Certificate yet..because it was not needed for any formalities in India or here in US yet..
So what you suggest?
Vishal,
IMO, you should use the correct name everywhere, and then get your passport updated later.