H1B File Extension

[Vishall]

Hi All,

I have a valid H1 visa which is valid till 14th SEPTEMBER 2016 and now my employer said they cannot file my extension, when I got it stamped for the first time it is valid for 3 years. I heard from someone that once my application is selected in lottery and post successful interview, we can work in US for 6 years depends on extension. My question follows as
"After my visa gets expired by September 14th 2016, Do I need to go through lottery again because I haven't completed the total 6 years in US" or shall I directly go to consulate for interview.

Thanks,
Vishal

[raghvi]

Hi All,

I have a valid H1 visa which is valid till 14th SEPTEMBER 2016 and now my employer said they cannot file my extension, when I got it stamped for the first time it is valid for 3 years. I heard from someone that once my application is selected in lottery and post successful interview, we can work in US for 6 years depends on extension. My question follows as
"After my visa gets expired by September 14th 2016, Do I need to go through lottery again because I haven't completed the total 6 years in US" or shall I directly go to consulate for interview.

Thanks,
Vishal

After Sep 14 , 2016 you need not go through the lottery, but you cannot just go to the consulate for interview. Post Sep 14, 2016, you would still need a valid I797 which is valid beyond that date in order to schedule an interview.

A Valid Cap Eligibility allows for filing I129, which results in valid I797. A Valid I797 allows to request a valid visa, a valid visa, allows one to reach US POE and request for I-94, a avalid I94 allows you to stay in US.

This is my opinion not legal advice.

[Vishall]

Hi Raghvi,

Thank you for the clarification. I have an another question as well.

As we discussed earlier, H1B is for 6 years in total and for the first time when I appeared for the interview I got the visa approved for 3 years, Out of this 3 years I have worked in US for only 1 year, Does that mean I have lost 2 years or do we have any option to include that when we apply for visa extension or while appearing for visa interview after H1 cap exempt. Some of my friends are saying it is possible to add that 2 years which we didn't work in US. Can you please clarify. Any inputs from your side is appreciated.

Thanks,
Vishall Pradeep K S