minimum time to apply for visa stamping before h1b petition expires

[neha01]

Hi,

My petition for h1b expires in Aug 14. I will have to file for an amendment since the sponsor will change and then file for a visa. In this case what is the minimum time before which the stamping request must be filed? I have read somewhere that it must be 6 months before expiry so am I already too late?

And can a premium request be filed in this case?

Please help. It is urgent.

thanks.
Neha

[raghvi]

Hi,

My petition for h1b expires in Aug 14. I will have to file for an amendment since the sponsor will change and then file for a visa. In this case what is the minimum time before which the stamping request must be filed? I have read somewhere that it must be 6 months before expiry so am I already too late?

And can a premium request be filed in this case?

Please help. It is urgent.

thanks.
Neha

Are you in US? If no, when was the petition applied? Was H1 stamped with this petition? Did you ever travel on the H1?

[neha01]

Are you in US? If no, when was the petition applied? Was H1 stamped with this petition? Did you ever travel on the H1?

Hi Raghvi,

The petition was applied in 2011. I got the approval in dec 2011. The expiry date is 11 jul 2014. I am not in US and H1 was not stamped on the petition. I have not used this petition to travel to US.

Also, I am getting a different sponsor for the petition. So first I will have to file an amendment.

As per the US laws can I apply for a petition extension? If no, what are my options?

[raghvi]

You were cap counted in 2011, so technically you are cap exempt till 2017.

Now, new employer/sponsor would not file an amendment but a new petition, but unlike a fresh H1 petition, this new petition would be cap exempt as you have already been cap counted in 2011. Once the new petition is approved, you can take the approved I797 and go to any home country consulate, along with other relevant documents, for visa stamping . If the visa is approved, you can travel on that visa.

This is my opinion not legal advice.