How many months of valid work permit petition ( H1B ) required for stamping ?

[premanand]

Here is the scenario in my case:

1. My Valid petition ends 15th June 2016
2. Never got the visa stamped and obviously never traveled.
3. I'm not travelling for the client for whom my petition was originally processed, Getting a new assignment in another location for which I will need to apply for an amendment.
4. My project manager decided to submit the amendment petition in normal standard processing, hence it will take anywhere between 3 to 4 months right ?
5. Say, my Amendment gets filed in December, I will get the new approved amended petition probably in the month of April. So effectively there will only be 2 more moths of Valid petition left at that time. Can I go for stamping with only 2 months of valid petition or is there any timeline, like minimum validity for stamping?

Request the guidance of experts here.

[shervin143]

You can go for stamping as long as the petition remains valid. Your visa will be issued only till the petition expiry date and your I-94 at the POE will be issued only till the petition or visa expiry date. If your company is planning to file the amendment, then why not file both amendment + extension together? That way, you will get an extended petition for stamping.

[premanand]

You can go for stamping as long as the petition remains valid. Your visa will be issued only till the petition expiry date and your I-94 at the POE will be issued only till the petition or visa expiry date. If your company is planning to file the amendment, then why not file both amendment + extension together? That way, you will get an extended petition for stamping.

Thanks for the reply Sherwin. Actually I requested them to file for extension along with the amendment but unfortunately my immigration team told me that, its NOT possible, Unless I'm under US payroll. Please advice is this is true, is there any rule like this or can the extension can be filed from india itself. Please consider that my work permit is not stamped and I have not traveled yet.

[shervin143]

Technically "Extension" means, filing an extended petition to extend the stay of a person who is currently in U.S. Meaning, the approval will come with a new I-94 attached. In yur case, since you are staying outside U.S, your approval will not come with a new I-94. But the petition's expiry date can be extended. Say your current petition expired while you are outside U.S. The employer can file a new petition for consular process and request the petition to be valid for a certain duration (less then 3 years). That is still possible. I guess the term extension is confusing your immigration team. Extending the petition for consular process is always possible if you have the right documents.

What they are trying to do now is a 2 step process. File amendment first, get it approved, make you travel to U.S and then file the extension.

Thanks for the reply Sherwin. Actually I requested them to file for extension along with the amendment but unfortunately my immigration team told me that, its NOT possible, Unless I'm under US payroll. Please advice is this is true, is there any rule like this or can the extension can be filed from india itself. Please consider that my work permit is not stamped and I have not traveled yet.

[premanand]

The employer can file a new petition for consular process and request the petition to be valid for a certain duration (less then 3 years). That is still possible. I guess the term extension is confusing your immigration team. Extending the petition for consular process is always possible if you have the right d

What they are trying to do now is a 2 step process. File amendment first, get it approved, make you travel to U.S and then file the extension.

Thanks again, Good information, I will check with my immigration team and keep you posted. I have few quires in this regard as follows,

1) Is there any processing fee involved for consular processing

I understand it's 195$. Correct me if I'm wrong.

2) what is the average time for the process

Average time seems to be on the higher side more than 6 months, right?

3) Can employer mention any duration less than 3 years?

4) say employer wants to extend the permit by 1 year, what will happen after 1 year, do I have to file new extention petition from US..This time work permit will be extended only for 2 years right?

5) can I go for stamping with only consular processing receipt, considering my amendment is approved or should I wait for the outcome of consular processing

6) is there any drawback with consular processing compared to normal processing , eg, say while stamping - questioned rigoursly by Vo? Something like that.

[shervin143]

1) Is there any processing fee involved for consular processing
>>> The fee is same for any kind of H1B petition, be it COS, Extension, Amendment or Consular Process.

I understand it's 195$. Correct me if I'm wrong.
>>> Check USCIS website for the latest fee information.

2) what is the average time for the process
Average time seems to be on the higher side more than 6 months, right?
>>> 4-6 months by normal process and 15 days by premium.

3) Can employer mention any duration less than 3 years?
>>> Yes.

4) say employer wants to extend the permit by 1 year, what will happen after 1 year, do I have to file new extension petition from US..
>>> When you enter U.S, you will receive a document called I-94. There will be expiry date on the I-94. It usually matching your petition or visa expiry date. Your employer will need to file a H1B extension before the I-94 expiry date (Extension can be filed anytime within 6 months from the I-94 expiry date).

This time work permit will be extended only for 2 years right?
>>> Nope. Employer can request a max of 3 years. They can keep filing extension until you use all 6 years in H1B (only the time that you spend in U.S in H1B + L1 status will count towards the 6 year period).

5) can I go for stamping with only consular processing receipt, considering my amendment is approved or should I wait for the outcome of consular processing
>>> You will be actual approval notice to go for stamping. Receipt notice is just an acknowledgement that USCIS received your documents for processing. That does not grant you anything.

6) is there any drawback with consular processing compared to normal processing , eg, say while stamping - questioned rigoursly by Vo? Something like that.
>>> Every petition that is filed for a person who is staying outside U.S will be for consular process. Your first petition will be a consular process petition (I-797B). There is no different whether it is CP or not.