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  • H1 extension confusion

    Hi,Here is my problem and am looking for a best opinion for my situation.

    * Am on L1 working for my firm X , and my visa has already expired.
    my employer has filled extension and it went to RFE, i am working on the RFE documents.
    * Mean while i have a approved New H1 petition through firm Y , which does not have a I94 with it.
    (petition got approved on sep 2012 till Dec 2013).

    * due to my personal reasons i did not switch company and still working in L1.
    it will take about 2 to 3 months to know the extension results of L1.

    My questions is

    1.can a extension be filled for the H1? which is not in use yet.
    2.i may not go india without knowing the L1 results, which will leave just 2 months left in H1 petition.i dont want to lose the H1.

    need your opinion on this.Thanks.

  • #2
    A cap-exempt H1 petition can be filed for you for up to 6 years after the last one expires. So you will not be losing anything.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      A cap-exempt H1 petition can be filed for you for up to 6 years after the last one expires. So you will not be losing anything.
      Thanks,
      i need some more clarification on this

      if my L1 extension gets rejected , i may need to take up the H1(which will expire in dec 2013), please give ur opinion on the below questions.

      Q1 - can a extension be filed for the H1 before the expiry(it is not stamped yet) ?

      Q2 - do i need to get stamping before filing the extension?

      Q3 - is there any chance to file extension being here in US before dec?

      Thanks in advance.

      Comment


      • #4
        Originally posted by Nbpd View Post
        Thanks,
        i need some more clarification on this

        if my L1 extension gets rejected , i may need to take up the H1(which will expire in dec 2013), please give ur opinion on the below questions.

        Q1 - can a extension be filed for the H1 before the expiry(it is not stamped yet) ? -- Yes, anytime before Dec 2019 (Extension or transfer)

        Q2 - do i need to get stamping before filing the extension? -- If petition is filed and approved with change of status (new I-94) you will not need to leave and return, otherwise you will need to leave the US and return with H1B Visa.

        Q3 - is there any chance to file extension being here in US before dec? -- That makes no difference. See above.

        Thanks in advance.
        See above.
        This is my opinion and not legal advice.

        Comment


        • #5
          hi thanks for giving me the information.Thanks.

          Comment

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