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H1 B Visa Extension without travelling to the US

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  • H1 B Visa Extension without travelling to the US

    I got my petition approved on October 1st, 2015. I have got my Visa stamped for a period of 1 year and it will expire in 2016. However due to my MBA education in a permium institute in India, I will not be able to travel to the US untill the end of 2017. Can someone please help me understand the following.

    1) When the petition filed is approved, is it approved for 6 years ?
    2) If so, can I apply for an extension even after expiry data on the Stamped Visa ?
    3) Will I be expemt from the CAP while filing for an extension ?
    4) Do I need to go through the H1 B visa process right from the scratch, beacuse I will not be travelling for the next 2 years ?

  • #2
    1) When the petition filed is approved, is it approved for 6 years ?
    >>> No. The expiry date of the petition will be mentioned in the approval notice (I-797).

    2) If so, can I apply for an extension even after expiry data on the Stamped Visa ?
    >>> Yes, extension can be filed even after the petition gets expired.

    3) Will I be expemt from the CAP while filing for an extension ?
    >>> Yes.

    4) Do I need to go through the H1 B visa process right from the scratch, beacuse I will not be travelling for the next 2 years ?
    >>> You have to go through the whole process again, but you are exempted from CAP. Meaning, you don't have to go through H1B lottery again. Any employer can file a H1B petition for you anytime using the CAP from your previous H1B approval notice anytime within 6 years from your initial petition effective date.
    Not a legal advice. Use of this information is strictly at your own risk.

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