Extension of H1B Visa when I-797B states expiry date of 30th Sept 2014

[ashinhere]

Hi All,

I have H1B stamped and its validity on passport is from 1st Oct 2013 till 30th Sept 2014. When I checked my I-797B (notice of action document), there also the start and expiry date is same. I have yet not traveled to US on my visa.

I have heard from someone that even if Visa/I797 expiry date has come, the petition is valid for 6 years and one can get Visa extended (without being considered under the cap) without issues but my I-797 shows expiry date of 30th Sept 2014, so does that mean when my visa will expire (on 30th Sept 2014) the petition will also expire and I will not be able to file for visa extension??

I have one more question: In case I change my company before 30th Sept 2014 and my current employer cancels my petition and the new employer is ready to transfer my H1B, in my scenario, as stated above, is this a valid scenario? Can I get my visa transferred to the new employer (keeping in mind that I-797 shows expiry date of 30 Sept 2014)??

Any help on this will be highly appreciated.... Thanks in Advance !!

[raghvi]

Hi All,

I have H1B stamped and its validity on passport is from 1st Oct 2013 till 30th Sept 2014. When I checked my I-797B (notice of action document), there also the start and expiry date is same. I have yet not traveled to US on my visa.

I have heard from someone that even if Visa/I797 expiry date has come, the petition is valid for 6 years and one can get Visa extended (without being considered under the cap) without issues but my I-797 shows expiry date of 30th Sept 2014, so does that mean when my visa will expire (on 30th Sept 2014) the petition will also expire and I will not be able to file for visa extension??

I have one more question: In case I change my company before 30th Sept 2014 and my current employer cancels my petition and the new employer is ready to transfer my H1B, in my scenario, as stated above, is this a valid scenario? Can I get my visa transferred to the new employer (keeping in mind that I-797 shows expiry date of 30 Sept 2014)??

Any help on this will be highly appreciated.... Thanks in Advance !!

Visa and petition are different things. Its not the petition its the cap exemption which is valid for 6 Years. If one is already cap counted one need not be cap counted again for next 6 Years. An approved petition allows one to approach the consulate to seek a visa. Now as you petition is valid till Sept 2014, and so is the visa, you an use the petition and visa to travel for this company till 30-Sep-2014.

You can use the combination of existing I797, and stamped visa to work for current company in US till 30-Sep-2014.
Even if current company decides to cancel your petition, you can use a new I797, but existing visa to work for another company in US till the newer petition end date.
Post Sep 2014, till 2019 (if you dont travel to US) you can file a new petition and then a new visa for any company to work for them in US.

This is my opinion not legal advice.

[ashinhere]

Thanks a lot Raghvi ! this is very helpful.

Just one more question, in reply above, you have said Even if current company decides to cancel your petition, you can use a new I797, but existing visa to work for another company in US till the newer petition end date, does that mean if my new petition, let's assume, is valid till October 2015, I could use my current visa (which shows expiry date of 30th Sept 2014) and need not get it re-stamped??

[raghvi]

Thanks a lot Raghvi ! this is very helpful.

Just one more question, in reply above, you have said Even if current company decides to cancel your petition, you can use a new I797, but existing visa to work for another company in US till the newer petition end date, does that mean if my new petition, let's assume, is valid till October 2015, I could use my current visa (which shows expiry date of 30th Sept 2014) and need not get it re-stamped??

A valid Visa is required to reach US port of Entry. So till 30-Sept-2014 you can use the existing visa to enter US and at the Port of Entry you can show the newer October 2015 petition and you most probably will be allowed entry and allowed a stay (valid I-94) till Oct-2015. But I wouldn't suggest you try your luck and get a new petition and land up in US on 20-Sept-2014 with a Oct 2015 petition as in some cases visa officers disregard the petition and allow stay only till visa expiry day i.e. 30-Sept-2014 in your case in which case you will have to file stay extension as soon as you reach US.

This is my opinion not legal advice.

[ashinhere]

That's really helpful, Thanks a ton again for your reply on this !!