H1 B extension application after the date has expired

[Rupalrc]

I have a H1 B visa untill 29sept 2015. Due to some personal issues I am not sure if I will be able to apply for extension before the expiry date. Can I apply for extension after my visa has expired. Earlier I had the visa stamped from 29sept 2012. That means ideally I have 3 more years. I am in india right now and not planning to travel to USA for the next few months. Please let me know if I can apply for extension after 29 sept 2015 and what will be the last day to apply an extension.

[raghvi]

I have a H1 B visa untill 29sept 2015. Due to some personal issues I am not sure if I will be able to apply for extension before the expiry date. Can I apply for extension after my visa has expired. Earlier I had the visa stamped from 29sept 2012. That means ideally I have 3 more years. I am in india right now and not planning to travel to USA for the next few months. Please let me know if I can apply for extension after 29 sept 2015 and what will be the last day to apply an extension.

You dont apply for extension, your employer does. Once they apply and get it approved, they will get a new I797, you can use the extended petition to schedule a visa stamping interview and if approved in the interview get a new visa stamp.

Only time spent in US is counted against the 6 Year H1 limit so between 2012-2015 if you have spent 3 Year in US , your employer can potentially request for an additional 3 Years. You would be cap exempt for 6 Years from your last held valid H1 status in US.

This is my opinion not legal advice.