H1B getting expired in Sept 08. Need to goto India in July 08

[miths]

Hi, I am on H1B and my visa and I 94 is expiring in Sept 08.

I have following questions:

(1)My H1 is valid from Oct 2005 to Sept 2008. But I came to US in Feb 2007 for the first time. I haven’t been in US since Oct2005 till Jan2007. So now, do I need to apply for extension or is there any way I can utilize the period from Oct 2005 till Jan 2007 which I was not in US.

(2) I need to goto India in July08 and return in Sept 08. So before I leave US, if I apply for extension, is there any problem while coming back. Because I have only 15 days left before my visa expires.If I have extension receipt will that be enough.

If extension is in Pending and not approved before I leave to India, how to handle the situation. Is it fine, if I my employer send my approved extension to India and if i attend stamping.

(3) I also have an option of transferring my current H1 to new employer. If transfer is initiated now, what will the validity date in new I797. bcoz my current I 797 is valid till Sept 2008. So the new I 797 also comes with validity till Sept 2008.

(4) Can I travel to India during H1 transfer is in process? I mean I got the receipt but petition is not yet approved. If travel is urgent, how to deal.

Many thanks for your valuable response and I really appreciate it.

Best Regards,
Miths

[miths]

Hi Any inputs in this regard. Thanks,

[txh1b]

1. It can be utilized only by filing for an extension.
2. Refer to other threads. It is better you apply for extension and get the approval before you leave.

http://www.immihelp.com/forum/showthread.php?t=41632

Your employer can send you the approval for you to enter again, but the wait might be endless if there is a delay while if you remain in US, you can work upto 240 days on a pending H1b extension.

3. Depends on what the new employer wants to file the H1b for. It could be for a maximum of 3 years. New I797 will be longer if your employer submits a LCA for a longer period of time.

4. Refer to the cloning link from the above thread.

[orion]

Best option for you seems like filing for an H1 transfer with Premium Processing. Good luck!

[miths]

Hi, I got my H1 transferred with Premimum process. I got approval notice with 3 days. I will attend visa during my next visit to India.

Thanks alot for all your inputs and suggestions.

[orion]

Congrats!