H1B and I94 expired. Can i file the H1B extension through my existing employer?

[vijocet]

H1B and I94 expired on 04 Dec 2014. Can i file the H1B extension through my existing employer from India. I am currently in India. How does it get processed at USCIS? as an extension or as a new petition.

[Nattybone]

Hello, Vijocet.

If you have utilized all 6 years of H1B, then this will be a new petition which will be subject to annual cap/draw (in April 2015). If you have not utilized your 6 years, then you may use your existing H1B which will be cap-exempt.

Your current employer needs to file I-797 for you. Once you get the approval, your employer will mail the approval to you. You need to take that approval letter and go for an interview at the local consulate.

I hope this helps.

All the best.

H1B and I94 expired on 04 Dec 2014. Can i file the H1B extension through my existing employer from India. I am currently in India. How does it get processed at USCIS? as an extension or as a new petition.