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,
My H1B visa is expiring in January. I have already submitted my extension papers a week back and they are being reviewed by the employer/attorney. However, in the meantime I need to go back to India for some reason. Is it suggested to leave the country? or till what stage of extension is it suggested to stay in US… I mean I will try to delay my travel if there will be issues in extension.
Any response is highly appreciated. I am so confused, I have heard so many different answers.
Thanks,
Aditi
Hi All,
Did anyone of you got your H1 extension approved recently? If yes please let me know the date when it was filed with USCIS
Hello,
My Visa is expiring on dec 31st 2013… and I have applied for H1-B extension in august…my employer told they will do premium processing in September as I am going to india in oct last week and coming back on dec 1st week. My question is as my visa is expiring on dec 31st.. can I come back to US without goin to visa stamping as I would be having my extension approval letter by that time? i.e, can I go for visa stamping even when I have valid visa?
Regards
@Sandeep…Yes I was on same situation last year. I went to India and submitted two petition via dropbox facility (Current one which was expiring in about 1 month and new approved extension). I got it visa stamped for 3 years and 1 month.
All the best
hi,
Oh then u didn’t go for visa interview…. u used drop box facility is it? in which location in india? do Bangalore as that facility?
Regards
It is available in all locations. Check www.ustraveldocs.com/in to see if you are eligible to us that facility.
Hi,
Here’s my situation
My current H1B expires in Jan 2014, stamping was done for this in Canada.
My employer filed for H1B extension under premium processing, so expecting to have approval in couple of weeks.
Due to personal reasons, I have to travel to India in October’13 for couple of weeks. – having a stamped active visa till Jan’14 and I797 for another 3 years.
1) Do I have to get visa stamp for the extension to enter US?
2) or Can I enter US with the initial Visa which is valid till Jan’14 and showing my I797 extension approval?
-Thanks
Hi Saurabh,
My H1B visa was stamped only for 8 months and is expiring on 30th Sept. And due to some reasons, I didnt able to travel to USA till now and only 1 month time is left in my visa. My Employer have started my visa extension process. As mentioned by you, it will take 2 to 4 months of time.
My Question is when I attend the visa interview, interviewer may ask why I didnt travel when initial visa was issued? What would be the better answer for that?
And whats the probability of whether visa will be extended and if extended then for how many years?
Thanks in advance
Farhan..
Hi
My h1b is valid till 31st dec 2013, my employer applied for h1b extension on 15th Aug. I need to travel to India in Jan 2014 for my marriage.
How much time does a H1b extension take for approval.
What if I need to leave US in January and my H1B extension is still under process what options do I have ?
It takes 3-5 months of time to get the extension approval ,wait for 3 months if you dont get approval by November 20th then upgrade to premium which cost around 1250$ and you will get the outcome in 15 working days, this is the best thing to do.
Hi,
I’m currently in US and reached here on Nov, 2012 and i have my H1b visa expiring on Sep-15, 2013 and my employer is preparing to file for extension however I’m not sure if they can get it filed before the expiration date.
My question here is:
1. Incase if the petition is shipped to USCIS before visa expiration date, Am i legally allowed to work or i should have the petition/receipt number for the H1b extension to legally work in US?
2. Incase if my employer miss to file the extension before my visa expiration date and if i travel back to India, Is there a way that my employer can file the extension(on my expired petition – i.e., after Sep 15, 2013) without going through new H1B cap?
BK,
As long as they receive it prior to I-94 expiration date you can continue to stay and work inside US for up to 240 days or H-1 denial date (whichever is earlier).
Hi Saurabh,
I have got my H1B this year and it is valid till 16DEC2013.I will be traveling to US by end of August 2013.Once I reach i will be applying for my H1B extension from my current employer.My question is my current project is till April2014.So when my employer apply for extension is that I will get extension till April 2014 or it will be longer.Please help me out.
Thanks and Regards,
Rajendra
Rajendra,
It will depend upon the reviewing officer. If they are concerned about company’s financial health (small-medium size consulting company), then they can issue it for shorter duration. If they are not concerned, then they can issue it for the asked term.
I have my H1 B visa expiring on 13th Sep 2013 and I94 expiring on 23rd Sep 2013. I reached US on 25th June 2013, if i travell back to INDIA on 23rd Sep 2013 without applying for extension can i apply for extension afther an year or so or should i apply for New H1B visa ?
VR,
A cap-exempt petition can be filed by same/different employer even after you return to your home country.
Hi,
I have my H1 B visa expiring on 13th Sep 2013 and I94 expiring on 23rd Sep 2013. I reached US on 25th June 2012, if i travell back to INDIA on 23rd Sep 2013 without applying for extension can i apply fo rextension afther an year or so or should i apply for New H1B visa ?
Hi,
I have my H1 B visa expiring on 13th Sep 2013 and I94 expiring on 23rd Sep 2013. I reached US on 25th June 2013, if i travell back to INDIA on 23rd Sep 2013 without applying for extension can i apply fo rextension afther an year or so or should i apply for New H1B visa ?
Raj,
They are one and the same. A new petition (cap-exempt though) needs to be filed by an employer for you. This can be done even 1 year after leaving US.
Hi ,
My wife H1B petition was approved in 2006 and got expired in 2009(she didnt go for stamping) . She is in H4 now , can she apply for H1B extension ? If so can you please let me know the procedure.
Thanks
Kumar
Kumar,
A person is cap-exempt for 6 years from most recent H-1 status date. She was never on H-1, and so her window ended in 2012 (6 years from 2006). If you still want to give it a try, then contact an attorney and see if it can still be filed.
Hi ,
If i want to approach a attroney for getting my questions answered ,is there any reference through which i can approach .
Please let me know.
Thanks
Kumar
Hi Saurabh,
I am going to india on first week of Aug’13 and i have my Visa interview scheduled on Aug 6th and 7th. Is there is any problem is re-stamping H1B Case?? are people getting HOLD in chennai, if they go for visa interview???i basically work for TCS…Please let me know, if you came to know anything about the visa re-stamping…
Satish,
It varies from case to case. Big employer’s employees should have higher chances of making through w/o 221g but no set rule.
Hello,
I found this post really helpful and thinking it might clear my confusion as well. My H1B will expire on January 2014.I am also applying for green card from my husband’s office a/c to which I-485 is going to be filed on first week of august 2013. Currently I am about to go on maternity leave for 2 month and might return back to work at October 1st 2013. My question is, will it be too late to file for the extension at around october 2013? Also, my lawyer is saying its waste of money to apply for H1 extension as My I-485 is already filed for permanent. I’m quite confused. Can you tell me what will be the best ?
Hi Saurabh,
My H1B visa is expiring on Sept 30th 2013. And I havent yet travelled to USA due to some reasons. Please clarify on below questions:
1. If I travel in Sept, will there be any prob at port of entry. if so, what would be the best reason to be stated for last minute entry into USA
2. can I travel in last week of Sept and can apply for extension? whats the risk involved? will there be any additional questioning at port of entry?
3. If still I am unable to travel to USA before Sept 2013, whats the process to apply from India?
4.As there is not much visa time available and If i go for H1B transfer from current employer to new employer how much time will it take and will there be any prob at port of entry due to change in employer?
Please help me on above questions..
Thanks in advance
Asmat
Asmat,
1. You can enter before visa and petition expiration date. If asked about the delay, you can tell them that employer didn’t want to call you earlier or you had other commitments in home country. Make sure your employer is on-board w/ your travel plans.
2. You really need to time this well. Have all the pre-req documents ready including certified LCA, 797 etc so that it can filed before your 797 expires.
3. Same process as it would have been inside US. The only difference is that you will not have any I-94 for submission (which is ok if you are outside US)
4. Normal processing is 2-4 months, while PP is 15 calendar. If RFE is issued then it can take longer.
Thanks Saurabh..
Hi,
My H1 visa got expired by Sep’2010(Visa period Sep’2007 – Sep’2010). I have stayed in US from Jun’2008 – Nov’2008, for 6month. Thereafter I am working(staying) in India. Shall I apply for H1 extension now? Or should I go through H1 cap again? Pls clarify…
H1B extension,
An employer can file for a cap-exempt petition for you (H-1 transfer or H-1 extension) within 6 years of Nov 2008.
Hi,
My visa is expiring on Oct 26 and my employer has filed the extension case with USCIS in normal processing. I know i can work even if my visa or I94 expires till i get the decision but If I didnt get decision before Oct 26 and i want to travel to India after that immediately then will it be possible to travel. Is there any problem while my visa is expired and extension petition is under processing with USCIS? Please help?
MA,
To return to US, you need an unexpired petition and an unexpired visa stamp. Assuming you visa stamp is also expiring on Oct 26, you will need to get visa stamp in the passport before returning to US. This in turn will require the new petition to be approved.
So your petition will continue to be processed after you leave US, but will have to wait for approval before returning to US. You still have the option to upgrade to PP to get quicker result.
Thanks Saurabh for reply..
I understand I will need a approved visa while coming back to US but while going to India i can go even if my visa is expired and petition is under processed with USCIS.
Thanks,
MA
MA,
Yes, you can leave US even after visa has expired and petition is under process. Your petition will continue to be processed but I-94 extension will be abandoned.
Thanks Saurabh for quick replies.. It is very helpful..
Friends,
I have an unused H1B that expires in Feb-2014. Now, if I plan to work in USA after 2016, will I be eligible to apply for renewal then (after 2 years)? Or would I need to apply for a new H1B?
And if I get the visa in 2016 with validity upto 3 years, will I be eligible for 3 more years of extension?
Thanks in advance for the help!
Sudhakar,
I assume you have never been to US on H-1. When was this H-1 approved?
Hi Saurabh, yes. I’ve never been to US using this H1B. It was approved in Feb-2012 with 2 years of validity. I’ve moved to another country and thus couldn’t use this visa.
Thanks.
Sudhakar,
An employer can file cap-exempt petition for you (not subject to cap) within 6 years of original H-1 approval date (Feb 2012).
That’s great! Thanks much for your reply.
Hi Saurabh,
I am working on H1B visa in USA and it is valid till Oct-2013. I asked my employer to apply H1B extension. Employer has ready with all required documents and about to apply extension this week before 5th July in normal process. Some personnel reasons I am planning to travel back to India this week end 7th July. I am not sure when I will back to USA again.
Could you please clarify following queries?
1. Travelling to India immediately after applying extension will affect my petition approval status?
2. Do I need to be in US at least petition number generated?
3. How soon will get the petition number in normal process?
4. Suppose for some reason if my employer has not applied this week before 5th July but I travelled to India before applying extension. Can my employer apply extension after I went to India?
5. If yes to 4th question, will this affect my petition approval status?
Thanks for your reply in advance.
RK,
1. 797 will continue to get processed while I-94 extension will be abandoned.
2. No
3. The number is generated within 2-3 days of receiving the extension petition, and it should reach employer/attorney within 30 days
4. Yes
5. No
If you get the petition extended while you are outside US, then you can return using the new petition and get extended I-94 at PoE.
If you don’t get the petition extended before your return date, then you will I-94 based on old petition expiration date and will have to file for I-94 extension in US.
Thank you so much for your quick reply.
Hi Saurabh,
I am working with Company A but applied H1B through Company B. Now Company A is applying L1 for me. Can you please help me with the following queries?
1. Will this cause any problem to my L1 or H1 application?
2. Will the company B screw me if i go on L1B by any chance?
3. Will the VO ask about H1B when i attend the L1 interview?
4. If company B revokes my petition, without any details with me can i apply for H1B cap exemption?
Thanks
L1BH1B,
1. Yes
2. They can ask for reasonable business losses if you don’t join them. However, they cannot ask for H-1 filing fees as the employer needs to be pay it.
3. Usually they don’t ask about approved H-1 petition when appearing for L-1 interview
4. You need to know at least the approved receipt number in order to apply cap-exempt petition in future
my wife need to travel to Taiwan with h4 visa 3 months left(expired date).Can she visa h4 stamping at US embassy only 3 months left ?her reentry visa is expired already.I 94 is 3months validity now.
Michael Chang,
If her H-4 visa is still valid, why does she want to appear for H-4 stamping? She can return on current unexpired visa stamp. When is your 797 expiring and when is the H-4 visa stamp expiring?
Saurabh,
You are doing a wonderful job clarifying doubts of people here and it is very commendable. So let me thank you from all of us here.
My question : I need to know whether my visa cycle has been reset to 6 years.
My situation :
I initially came to US on L1B and now I am back to US on H1B. My employer had filed a L1 to H1B sonversion case. Please see the dates and details below.
Entry Entry Date Exit Date Days outside US Visa Type
1st Entry 25-Jan-09 5-Mar-09 108 L-1B
2nd Entry 22-Jun-09 23-Oct-10 27 L-1B
3rd Entry 20-Nov-10 28-Jan-12 370 L-1B
4th Entry 2-Feb-13 0 H-1B
Thanks Saurabh.
questionraiser,
When was the H-1 applied? What date was the petition filed and when was it approved?
Received at USCIS on 7th May 2012 and Receipt Notice was sent to Employer on 8th May 2012.
I-797B Approval notice was sent to Employer on 18th July 2012.
US Enbassy stamping approved on 5 Sep 2012. I entered US on 2 Feb 2013.
questionraiser,
So your clock has not been reset. This means, you are bound by the 6 year max time spent inside US on H-1 and L-1 and all the time spent until now will be counted. You can use that to determine the time remaining for H-1. You can go for 7th year H-1 extension, if your Green Card process has been filed and progresses to a certain stage.
Hello,
my H1B has approved on Jan 13 and it’s going to expire the 16th of January 2014 (i-94 25 January 2014)
I’m currently in the US and I’m receiving the payslips from my company.
When do you suggest to apply for the extension? The attorney of my company told me during autumn, do you think is it correct?
What kind of documents i have to provide for extension?
Finally, i need to understand one thing: if my H1B visa will extend, I need to go again to the Consulate and print a new visa on my passport? Can you explain me the procedure?
Thk for your helpfulness
Max,
It can be applied at most 6 months in advance. Documents are similar to what were required for the current petition. In addition, you will need recent I-94, petition copy, payslips and W-2.
Stamping is not required until you travel outside of US next. As long as you continue to remain inside US, you are fine and can work (assuming H-1 gets approved w/ extended I-94).
First of all, thank you very much for the answer, i really appreciate…
just a couple of things: for christmas i have to go back to my home, i need to spend christmas holiday with my parents, so i assume that i have to go again to the consulate…omg… 🙁 … it’s a never ending story!
secondly…. w-2 is the form ‘Wage and Tax Statement’?
http://www.irs.gov/uac/Form-W-2,-Wage-and-Tax-Statement
Thank you again,
Regards,
Max,
When did you start working in US on H-1? If it was in 2013, then you will not have any W-2, which is ok. The first W-2 for 2013 will be issued in Jan 2014 and you will not have that in Dec 2013.
Hi Saurabh,
I was reading this thread and its quite helpful. I have one question..
I got the H1-B in Nov 2011 and its valid till Mar – 2014 but I was in US for only 5 months (From Dec 2011 to April -2012 ) and currently there is no plan to go to US. So what would be the complexity to get the extension after Mar – 2014? Is it safe or there is a chances for denial?
Raj,
Chances of approval will not improve or deteriorate after Mar 2014. It all depends upon the submitted information and documents and doesn’t get impacted by current petition expiration date.
Hi,
I have my H1B back in 2008 for employer A and then I got it transfered to employer B in 2009. I am outside US from Aug 2009 until now and my H1B visa has expired. I have a B1/B2 visa already and stayed in US for 2 weeks. If I need to work again for a the same employer or a new employer in US, am I exempted for the cap and my visa can be applied anytime?
Hi,
I have a H1B visa getting expired on July 15′th 2013.
Now that I’m about to travel to US on Last week of May or first week of Jun. Is it not a risk involved making a move into US with Visa expiry very shortly i.e within 1.5 months.
a) Will I be able to file the Extension imm after entering US or should i wait for a month and file the extension, since I heared that we need to submit 2 paycheck while filing H1B extension.
b) the only hope I could see is that if the I-94 is stamped for an year, that will minimize the risk, is that correct.
GP,
I guess you are Prem below. See my response to that post.
hi Saurabh,
I have a valid H1b and it is getting expired in August- 24th.
I am supposed to travel by july first or second week to US. Is it absolutely fine to travel a month before Visa expires and apply extension once i reach US.
Or will there be any issues if i travel within 1 month of expiration.
Regards,
Ashok
Ashok Kumar C,
Yes, it should be fine. Make sure your employer has all the extension documents ready so that it can be filed soon after you enter US.
Hi Saurabh,
My H1-B Visa is expiring on 31-dec 2013 and planning to go india during November and come back in NOVEember. Can I come back to US as visa expiring on 31 dec? will there be no issues in POE. If my extension is approved can I come back with just extension approved letter or do I have to for VISA stamping with extension letter in November or December 1st week even though I had VISA till 31st Dec? Please let me know.
Thanks and regards,
Sandeep,
You can return on existing visa stamp as long as it has not expired. You don’t need to go for stamping if the visa stamp doesn’t expire. You can use the new extended petition and old visa stamp (still unexpired) to enter US. You will get I-94 based on the petition you show at the PoE. So if you show extended petition, you get longer I-94 else I-94 extension needs to be filed soon after entering US.
Saurabh,
Appreciate it, I was watching your reply post, its great and you really help many individuals.
I’m too stuck up with the same Traffic.
I have a H1B visa getting expired on July 15’th 2013.
Now that I’m about to travel to US on Last week of May or first week of Jun. Is it not a risk involved making a move into US with Visa expiry very shortly i.e within 1.5 months.
a) Will I be able to file the Extension imm after entering US or should i wait for a month and file the extension, since I heared that we need to submit 2 paycheck while filing H1B extension.
b) the only hope I could see is that if the I-94 is stamped for an year, that will minimize the risk, is that correct.
Prem,
Visa is just an entry document. So as long as it has not expired on the date of entry, you should be fine.
a. Yes, your employer should be able to file the extension within 1 month. They can keep all the documents ready including LCA and I-129 and file it as soon as you reach US.
b. I-94 is typically issued until petition expiration date, which I assume is same as visa stamp in your case i.e. July 15 2013. Once your extension has been filed, you can stay in US beyond I-94 expiration date based on pending extension petition.
Thanks Saurabh
Hi,
Right now I am in India and my H1B visa is expiring on June 30 2013, Can I travel to US on 15 June 2013. Will there be any issues from immigration?
Sachin,
You can travel on June 15. However, the employer will have to file extension soon after you land in US before June 30. I assume the petition also expires on June 30 and you will enter w/ your employer’s consent.
Hi Saurabh,
I got my H1B extension in Jan 2013 and its valid till Sep 2014.I don’t have any plans to go back to INDIA as of now.Can i stay in US without getting my Visa stamped for any duration or is there any time limit to get my visa retsamped.
Thanks for your Help in advanced.
MR,
Yes, you can continue to stay inside US on the basis of your unexpired petition and I-94. You can continue to delay the stamping until your next trip outside US.
Good post. This is very useful information.
I need suggestions to deal with my situation.
My current h1b visa expires on 30 September 2013. I will be applying for an extension in the first/second week of June with the same employer. I need to travel out of the USA to India for 2 weeks in the month of August (travel on 10 August and return to USA on 23 August).
I am thinking of applying for a premium processing during second week of June. Although my visa expires on 30 September, is it possible that I will get my extension approved before August so that I can travel without any issues?
If there are any other options I need to look to have my visa extended and also do the my travel without immigration issues please suggest. Thanks for your help In advance.
Kiran,
It may get approved before Aug if no RFE is issued. If RFE is issued, then it can take longer. Why don’t you file for extension after you return to US?
Thanks for your input. I will plan to file for extension after return.
Hi,
My H1B is expiring on November 2013 and at I am leaving for Canada on business visa. Can I file my extension from Canada?
Ravinder Kumar,
The employer can file for extension while you are outside US. However, the I-94 will not be extended unless:
– you are inside US at the time of filing and stay through its approval
– you enter US after showing the extended approved petition
Thanks Saurabh for your input. It helped me. 🙂
Hi Sauradh,
Need some clarifications on my H1B visa extension. I got my visa stamped from Feb 1st 2013 to Sept 30th 2013. Due to some issues, I didnt travel to USA yet.
Most probably by mid or end of June 2013, I will be travelling. I came to know thru your blog that i am already very late to apply for extension.. Request you to please help me on below questions:
1. As my visa is expiring on Sept 30th 2013, whats the best way to apply for extension (as time is very less can we go for premium processing) & when I can apply for extension (best time from the day I arrive)?
2. Is there any process to apply for extension (from INDIA) before travelling to USA?
3. I came to know that we need atleast 4 paychecks to apply for extension?
4. If we need 4 paychecks then we need to wait for 2 months atleast to apply for extension which will be very late for filing the extension? Is there any way to make it out soon?
Shaik,
You are not late for extension. If you are inside US, then extension needs to be filed prior to expiration date. If you are outside US (which is your case) then it can be filed at most 6 months prior to expiration date and can also be filed even after the expiration date.
1. Your employer will have to file for extension. Get in touch w/ them about this
2. No special process. They file a cap-exempt petition, submit documents, fees etc and wait for approval
3. Not required. Only when the person has been to US or is in US, then the payslips are required to show proof of maintaining status
4. N/A based on (3)
Hi Saurabh..
Thanks for your inputs. Request you to clarify one more doubt:
I will be travelling in June 2013 so i will be in US by June so can I apply for extesion after a week time after goin to USA?
If it is so then i think we need paychecks for the same? plz help
Hi Saurabh..
Thanks for your inputs. Request you to clarify one more doubt:
I will be travelling in June 2013 so i will be in US by June so can I apply for extesion after a week time after goin to USA?
If it is so then i think we need paychecks for the same? and how many paychecks required to submit as I will be applying for extension after a week time i arrive?
plz help
Shaik,
If you enter US in mid-June and file for extension, then no payslips are required at the time of filing as you wouldn’t have completed one pay-check cycle in US. However, it is possible that USCIS will issue RFE later to ask for payslips as proof of getting paid. At that point, your employer can submit payslips from the date you landed to the most recent one.
Does that clarify?
Thanks Saurabh.. yes its clear..
For H1b extention stamping which is more safer option going back to india or go to canada for stamping and then plan to go to india. How much risk is involved in extention stamping?
Puneet,
Extension stamping is typically more safer than a new stamping, but can still run into issues. You should check w/ your attorney about CA option. You can go there for extension stamping, but in case you run into issues you will have to stay back in CA or head to home country and go for another stamping there.
Hi Saurabh,
My Visa has been filed by by employer in 2010, I went to interview in 2010 and it got rejected, my employer got the re-approval ,my I797 has expiry on Sep,2013. Can I go to interview for the same petition now? As I have vlaidity only till sep only 4 months left out, Is htere possibility of rejection ? Should I apply for new visa next year or Is there any possibility of extension of this current Visa.
Teja,
You can for stamping w/ the re-approved petition. If approved, the visa stamp will have validity until Sep 2013. The other option is that employer files for extension first and you then for stamping w/ the extended expiration date.
Chances of approval vary from case to case and there is always a risk of rejection.
thanks saurabh!!
Hi Saurabh:
Great post! I have been reading all your responses and impressed by your knowledge and generous help to others.
For the last 3 years, I’ve been working for the same employer. My first H1B visa and I94 are expiring this September, but I recently got my 140 approved. In this case, do I still need to present all the evidences listed on the new memorandum such as documentary examples of work, performance review, work schedules etc. to show an “employer-employee relationship”? Or PERM and 140 approval notices will explain the “relationship” better?
Many thanks ahead,
JJ
JJ,
Not all documents mentioned in the list apply to all applicants. It varies from case to case. If you are working in a consulting company then having those client/project related document is a must (especially if it is a small-medium size company). However, if you are working for a US company (non-consulting) then it is fine to skip those documents including employer-employee relationship etc. Having I-140 approve doesn’t give additional benefit during stamping.
Personally, I never take stamping lightly and prefer to err on the side of caution – carry more documents than what’s bare necessary.
Thank you Saurabh! And what about approved labor certificate(ETA 9089)? Should my company mention that they are filing extension based on my I-140 though you mentioned it doesn’t give any additional benefits?
I think I should modify my question as, does my labor certificate work as a substitute of regular LCA? Many thanks!!!
JJ,
No it doesn’t. LCA is a requirement for H-1 position, while Labor is filed for a future GC position which may be different from your current position. So it cannot be used in lieu.
Does that clarify?
Thanks a lot!
Hi Saurabh,
One basic question:
Suppose I travel to India before I-94 expiry date and did not extend visa(got my I 94 for 1 yr only). Is it that the visa cannot be used again and I have to apply again in next year cap ?
Srikanth,
You mean to say your visa is denied during stamping. Once the visa is denied, you can still go for cap-exempt petition (transfer through a new employer or extension through same employer). However, if USCIS revokes the petitions after the visa rejection (consulate can send the petition back to USCIS for reconsideration), then you cannot use that petition for future cap-exempt petitions.
Hi Saurabh,
I do not mean denial. I meant not filing the extension itself. Suppose after 1 yr, I leave US without filing extension, Can I use that visa again later after applying extension from India ?
Srikanth,
Yes, it can still be used. Just some clarification – there are 2 things visa and petition. What you will not to do is extend the H-1 petition (the 797 document). Later, an employer can file a cap-exempt petition for you (even after the current petition has expired). To return to US, you will need a valid unexpired visa stamp in the passport.
Hi Saurabh,
I got H1B petition approved for one year. It will be expiring in Dec’2013.
Currently I am in US and my company is going to file for an extension.
One thing I am not clear with is whether will it be an I-94 extension or Visa extension. If it is an I-94 extension, can I go to India and get it stamped again?
Thanks,
GV
GV,
It will 797 extension (petition extension) which will be accompanied w/ EOS (extension of status) for I-94. Your visa will be get extended/renewed when you go for subsequent stamping.
And will it require a filing fee again as mentioned in above article? (Just asking for info, hope company will take care of it)
Many thanks,
GV
GV,
Yes extension filing will cost money to the company.
Hi Saurabh-
I had H1 B visa valid from Sep 2008 to Jun 2011. However I used it from Jan 2009 to Jun 2010 and then it got expired.
After which i got a Cap exempt H1b visa from Jan 2013 to feb 2015. I am using it now..
Am I eligible for extension after feb 2015?
Will my term be reset since i was out of US for more than 1 yr and get 6yrs full from Jan 2013?
Ashwin,
You can get H-1 extensions filed until you have spent 6 years inside US on H-1. Time spent outside US doesn’t count. If your green card is filed and reaches a certain stage, then you will become eligible for 7th year extension. In order to reset the clock, you will have to spend 1 year outside US and go through the cap again.
Hello Saurabh,
My H1B expires coming Sep31,2013 and am due for extension.
I am working with the same end client from Feb2012. Now the hard part is my 18month contract with them will be over in July2013.
If I file H1B extension with same client, it will not make sense since contract ends in July.
Do I need to find new project with new client with longer duration?
Do I wait till July and get new project and apply H1b extesnion
Any suggestion will be highly appreciated?
Mohan,
At times, USCIS will want proof of extended contract before approving the petition. It depends upon the specific case. If they want extended contract, then you will have to find one either w/ same employer or a different one.
Hi Saurabh,
My H1B is expiring on April 30 2013. I can file for extension. But there is a risk involved (or an assumed risk, I should say). My current I-29 form specifies my role as a web developer. Attorney responded saying that I am not eligible for extension since the prevailing wage rate and my proposed\current wage rate are seperated by wide margin (Prevailing wage rate for web developer is 85000 and proposed is 60000). So extension with this role and at this rate(60000) would definitely result in denial. Is it advisable to change my role and apply for extension ? Computer programmer falls in the range of 60000. But this would be a kind of demotion, I believe. Are there chances that USCIS will issue RFE if I change my role ? Are there chances of denial if I pull down my role as said above?. Or should I try for alternate means ? Appreciate your quick response on this.
Srikanth,
If there is a role change, USCIS may want to look whether you really qualify for the new position or not. So you need to be qualified for computer programmer role in this case.
The other question to ponder is that your employer is underpaying you in this scenario. If the market rate is 85K and you get 60K, that’s a pretty big difference. If I were you, I will either ask them to revise the salary or look for better competitive offers.
Hi Saurabh,
I have h1B visa from my employer in india, but due to some reason i could not travelled to US for single time and both Petition & Visa is getting expired in May 2013, Can i get extension from India itself? And what will be the procedure if i can apply for extension?
I also heard that, if someone did not travelled to US anytime before visa expiry, there are more chances of rejection for the fresh application. Is it correct?
Thanks,
Rajesh
Rajesh,
The employer can file for extension. However, as the original petition was never used, USCIS can ask the employer why do they think they need the extension? They will have to show that there is a requirement for you in US office in order to address such concerns.
Hi Saurabh,
I have a question for you. Please assist me.
My Visa as well as I94 is going to expire on 15th April 2013.
I have received my new petition(I797) documents, and my extension is valid till september 2015.
I am flying to India on 26 April 2013.
Do I need any specific document along with me while traveling to india. I am planning to carry all my documents (i.e.- expired visa and passport, old and new I979 form and expired I94)
Is any thing else required while traveling ?
Avinash Joshi,
Remember to drop off the I-94 at the airport when leaving US.
Also carry a recent employment verification letter from your employer granting the leave and expecting you to join them after the trip. I assume you will have to appear for stamping as well. So look at the list of documents asked for during recent stamping experiences and ensure you have the relevant documents.
Hi Saurabh,
My petition was valid till 8 Aug 2011 but i could not travel to US and my visa got expired, If apply for extn now then for how many years I’ll get extn. It will be for another 3 years?
Thank you
Gopi
Gopi,
Your employer can request a term of up to 3 years. USCIS will review the documents, and then approve it for a term of 1-3 years based on their review.
Hi Saurabh,
My H1 Visa expires on Sep 30,2013. I’ll be applying for my h1 extension sometime in April or May .Once I get my H1 Extension ,I heard that start date would be from Oct 1,2013. Is this true?
And if I get my H1 Extension in May , I’m planning to go for my H1 Stamping ,so can I immediately book my slot and attend for Visa stamping ? Or should I wait for my new start date ?
Actually ,I’m planning to go to India in August , So instead on getting h1 stamping on my current H1 visa I want to get the extension and then go my stamping .
Please let me know your comments .
Start date would be from Oct 1,2013-that’s correct.
You can immediately book your visa interview after getting extension documents.
You can apply 6 months before your visa expiry date, so apply asap so that you will get your extension documents in time. Usually it may take 3-4 months to complete extension process.
thanks for your reply Avinash .
I’m planning to apply for Premium processing .this way I cant get the reply in 15 calender days and then I’ll imemdaitely book my visa slot .
It should be okay to go for visa stamping even before the start date of my H1 Extension date.Correct ?
and once I get the stamping , can I travel to India ? and will the new i94 will be using the dates of my H1 Extension dates ?
Lakshmi,
Yes, you can go for stamping even prior to extension petition start date. Carry both the petitions and they should approve it for the longer duration based on the new petition.
For stamping you need to travel to India. If you continue to stay in US then you don’t need to stamping. So it’s not like you get the stamping and then travel to India, but you travel to India and then get the stamping.
Your new H-1 extension petition will have I-94 dates matching the new petition validity dates. When you re-enter US, you can show both petitions at the PoE, and get I-94 based on new 797’s expiration date.
Thanks for your reply ,Saurabh,
Hi Saurabh,
Finally my H1B visa is extended for another 3 years now and I have received new I-797 with new I-94 valid till Feb 2016.
So I can stay in US with my valid I-94 now and I don’t have to go India for visa stamping specially, whenever I go to India for vacation or something I can get the Visa stamping done, right?
My Main question is that if I change my employer here without getting the new visa stamping done from India with the current employer then is it possible to transfer the H1B to new employer. How much time does it take for transferring that and would it cause any issues in Visa stamping whenever I go to India for vacation?
Thanks for your help.
Manish
Hi Manish,
Yes, you can transfer your visa if though you don’t have a visa stamped for the current employer whose petition is approved. You need to provide your extended I-797, new I-94, last 2-3 paystub, copy of the last stamped visa and other documents for the transfer.
For a normal transfer, it would take approximately 2.5 to 3 months. If you do premium then it would be 15 days considering there is no RFE.
There will be no issue for visa stamping, they would need your latest approved I-797 and Latest LCA and other documents for stamping. You can change as many employer as you want while you are in US. But very frequent change would be questionable at Visa Stamping center.
All my opinions are out of my own experience and I am not a legal advisor.
Regards,
Suresh Martha
Hi Saurabh,
My petition was valid till 8 Aug 2011, If apply for extn now then for how many years I’ll get extn. It will be for another 3 years?
Thank you
Gopi
Gopi,
If you have not spent more than 3 years inside US on H-1 and L-1, then your employer can request H-1 petition for 3 years. USCIS will approve it for a 3 year or shorter term based on submitted documents and information.
Hi Saurabh,
The above process for extension you mentioned is when you are in US. What is the procedure to extend the visa when outside of US ? Do shed some light in this as well. Thanks.
Khan,
Process is almost similar.
– The employer will have to file cap-exempt petition and submit old petition as reference of having made through the cap
– If you have traveled to US in the past, then you will have to submit recent payslips and W-2 from that period along w/ copy of I-94s
– Once approved, you will have to go for stamping using the new petition (if the old visa stamp has expired)
– The extension can be filed even after the old petition has expired, but can be applied at most 6 months prior to expiration date
Hi,
What is the processing time of cap exempt filing? Is this same as normal filing?
Ishu,
It takes 2-4 months. Less than regular filing as thousands of petitions are received when cap opens and creates a backlog.
Hi Saurabh,
thanks for the suggestions!
My I797 expires in Sept 2013 and my employer will start the filing process in April 2013. When the extension is approved, will it be from Sept 2013 or will extension start from the date of approval, say May 2013 (considering 2 months processing time)? In that I will be losing 5 months of valid stay. Am I correct?
Venkatesha,
The employer will have to mention the new start and requested end date in the filing I-129. USCIS will process the petition w/ same dates. So the new H-1 petition and accompanied I-94 should start from Sep 2013 to whatever end date is determined.
Hi ,
I need to file my H1 B Extension by October this year. I have recently changed my job and my previous employer refused to provide me the experience letter. But I got the relieving letter from them. Please let me know if experience letter is required while filling the extension or W2 from last employer along with the relieving letter will be sufficient.
Thanks & Regards!
Rahul,
It is not mandatory to have the experience letter. The new employer can file the petition w/ your updated resume and if USCIS wants to ascertain the experience, they will issue RFE. You can then submit the additional supporting documents.
You said extension, which means USCIS has already approved 1 petition for this employer in the past. I see no reason for them to question the old experience now as it would have been covered in the original petition as well.
Thank You Saurabh!
In case of RFE, will the W2 from Ex Employer along with Relieving letter work?
Regards,
Rahul
Rahul,
Yes, those in addition to payslips. If you still know any ex-colleague from that company, you can ask them to write a reference letter for you along w/ their contact details so that USCIS can follow-up w/ them (if required).
Thanks a lot Saurabh!