H1B Renewal, H4 addition, after 3years with new employer

[kksunil]

Hello,

I got my H1B visa stamped, issued date: 24Oct2013 & expiration: 03Jun2016.
I never used this Visa and never traveled to US till now. Now I am planning for employment in US after June2016.
- How do I apply for extension?
- Can I find an employer other than the current one to extend my H1B?
- How can I add my kid for H4 who was born last year?

Please advice.

[raghvi]

Hello,

I got my H1B visa stamped, issued date: 24Oct2013 & expiration: 03Jun2016.
I never used this Visa and never traveled to US till now. Now I am planning for employment in US after June2016.
- How do I apply for extension?
- Can I find an employer other than the current one to extend my H1B?
- How can I add my kid for H4 who was born last year?

Please advice.

-- You cannot apply extension on your own, you first need to fine an employer willing to petition for you. they would file an LCA and subsequent I129 which will result in a new I797, if approved. Using this new I797 you can schedule an interview at the US consulate for H1 for yourself by filling a DS-160.You can also fill a DS-160 each for your spouse and kid and all of you can go for interview together.

This is my opinion not legal advice.

[kksunil]

-- You cannot apply extension on your own, you first need to fine an employer willing to petition for you. they would file an LCA and subsequent I129 which will result in a new I797, if approved. Using this new I797 you can schedule an interview at the US consulate for H1 for yourself by filling a DS-160.You can also fill a DS-160 each for your spouse and kid and all of you can go for interview together.

This is my opinion not legal advice.

Thanks Raghvi for the detailed reply.
Yes I will approach the employer who had applied my visa earlier or I will find another employer. I have few more questions,
[My Context: Applied for H1B first time in Oct2013, got approved and expiring in Jun2016. But I did not enter US between this time period.]
- How long this process (from LCA to DS-160) take?
- Should I do this process before June2016 or later?
- Now if I apply extension, is there a chance of rejection since I did not use my earlier visa.
- If extension approved, how many more years in total I can work in US?
- Or is it better off to apply through a new employer because I did not work for earlier employer at all?
- Does this visa renewal come under the cap?
Please help me answer these questions.