H1-B Validity Date

[demigodnp]

Recently, my H1-B petition got approved. I have a question related to petition validity date.

On I-797 form, it is written petition is valid from Jan 2013 to Dec 2013. Though, my petitioner has filled it for 3 years. In I-129 intended length of stay is 3 years.

Now, questions is does it mean my H1B visa issued would be valid till Dec 2013 at the most? After Dec 2013, I've to fill the extension. Right?

This may be a simple and a very common question. But, this is my first time and m confused .

Mod - Please redirect this post to valid forum if not.

Thanks in advance

[kabkaba]

Yes, your employer can file an extension after June 2013. (6 months before petition expires)

[demigodnp]

Yes, your employer can file an extension after June 2013. (6 months before petition expires)

Thanks..... Can you please guide me how to check what dates are available for H1-B visa stamping?

[Anasuya@123]

H1-B Validity Date - VISA got issued for 3 years but petition got issued for 1 year

I am also having similar to above question. Can any one please reply answers for the below 2 queries?

For me VISA got issued on 28-FEB-2013. Currently I am in INDIA not yet traveled to US. The below are my PETITION and VISA validity dates.

PETITION Validity is : 26th Nov 2012 to 25th Nov 2013

VISA Validity is : 28th FEB 2013 to 25th Nov 2015

According to the PETITION and VISA validity dates,
1) When I have to apply for extension?
2) How long I can stay in US without extension?

[kabkaba]

How can Visa validity be different from petition validity? Something is not right.

Even then, Visa only gives you the right to travel to the US. So you can travel to US at any time right until the Visa (in your passport) expiry date.

Petition is what you need to work in the US. So you can only work until petition expiry date. To extend that work authorization, your employer has to file another petition. You remain exempt from annual cap for up to 6 years from the current petition expiry date. So another petition can be filed during this 6 year window without going through the annual cap.

Overall, you are eligible for a maximum of 6 years stay in the US in H1 status.