H1B extension from home country

[madhuryadav]

I just wanted a quick confirmation. My H1B visa is getting expired on 30th September and I am currently in my home country . My current employer is saying that they cannot make me travel for a long duration and get my visa extended as I am very near via expiry. They are suggesting me that I can let my H1B visa expire and then they can apply for the petition extension in the H1B exempt cap.

I wanted to know if this is possible or they are just giving me excuses. This was my first H1B visa and it's duration was of 2 years and I traveled twice to US and stayed there for totally 4 months and hence my visa was not completely utilised.

In case I change my employer now, will it be possible for the new employer to apply for this extension under H1B exempt category.

Please let me know what they (my employer) are saying is possible.
Appreciate the help.

[raghvi]

I just wanted a quick confirmation. My H1B visa is getting expired on 30th September and I am currently in my home country . My current employer is saying that they cannot make me travel for a long duration and get my visa extended as I am very near via expiry. They are suggesting me that I can let my H1B visa expire and then they can apply for the petition extension in the H1B exempt cap.

I wanted to know if this is possible or they are just giving me excuses. This was my first H1B visa and it's duration was of 2 years and I traveled twice to US and stayed there for totally 4 months and hence my visa was not completely utilised.

In case I change my employer now, will it be possible for the new employer to apply for this extension under H1B exempt category.

Please let me know what they (my employer) are saying is possible.
Appreciate the help.

What your employer is saying is right. If they dont have any work for you in US they cannot extend petition and you cant get new visa through current employer.

Of course, you are free to find another employer who has work for you in US and port the H1 to them.

This is my opinion not legal advice.

[madhuryadav]

Thanks

Thanks for the info raghav... If I Change my employer once my visa expires, would the new employer be able to initiate my H1B extension under exempt H1B cap or not?

[raghvi]

Thanks for the info raghav... If I Change my employer once my visa expires, would the new employer be able to initiate my H1B extension under exempt H1B cap or not?

Yes it will be cap exempt if done within 6 years from initial start date.

This is my opinion not legal advice.

[madhuryadav]

H1b exempt cap + changing employer

Thanks so much raghav. But if I am understanding correctly, then this process would also require the petition to be submitted and approved before the visa stamping... So basically its like the normal process except being counted under the 65000 cap and can be filled anytime?? Also does the petition filling would again require the H1B fee to be submitted? And the chances of getting an RFE are still there...

1 more question... If I Change my employer, does the employer have the power to cancel my visa or petition? I am ssuming that I can change my employer any time during this process. Appreciate if you could confirm this as well. Thank in advance...

[dougxqmy]

I Change my employer once my visa expires

[madhuryadav]

What does this mean?

[madhuryadav]

Please suggest

Thanks so much raghav. But if I am understanding correctly, then this process would also require the petition to be submitted and approved before the visa stamping... So basically its like the normal process except being counted under the 65000 cap and can be filled anytime?? Also does the petition filling would again require the H1B fee to be submitted? And the chances of getting an RFE are still there...

1 more question... If I Change my employer, does the employer have the power to cancel my visa or petition? I am ssuming that I can change my employer any time during this process. Appreciate if you could confirm this as well. Thank in advance...

[lisaanderson]

What your employer is saying is confusing and not true. You can easily come to U.S. now and then they can extend your H-1B. They have until the day before the expiration to extend your H-1B. They can also apply later and still be exempt from cap but I’m not sure why.

If you change employer, the new employer would file an H-1B transfer as a cap-exempt petition as you have already been counted towards the H-1B cap in the last six years. Suggest you speak with an immigration attorney.

[madhuryadav]

Thanks Anderson...