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H1B extension after travel back to india

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  • H1B extension after travel back to india

    Hi,

    My visa validity is till Dec 2015 and i am going back to india in a week. (stayed only for 3 months in H1)

    Can my employer extend the visa after i go back or they have to file a new petition under cap exempt?

    Also is this can be done after my visa expired?

    Thanks

  • #2
    Employer cannot extend the visa. You will have to go to the consulate to extend the visa for which you will need a valid extended petition.
    But they can extend the H1B petition while you are inside or outside U.S. Extension is nothing but filing a new H1B petition using the CAP that you have already secured. It can be done even after the petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

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