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Delaying H1B Stamping

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  • Delaying H1B Stamping

    Hello,

    I had a question regarding how long one can delay to use the H1B petition and get the H1B stamping, my situation is below

    I am currently on L1B working for Company-A and is valid till Aug/09, my Company-A applied for my H1B with Consular processing (so that I can change from L1B to H1B), my H1B got approved and I received the I-797B and its valid till 2011.

    Now I want to delay changing to H1B until Jul/09 as my Wife is working with EAD on L2. I can make sure that my Company-A does not revoke my H1B.

    Q1: So in my case can I delay to get the H1B visa stamped till Jul/09 ?
    Q2: Is there any deadline or restriction posed by USCIS to have the H1B stamped & to start on H1B within some timeframe of I-797B start date.
    Q3: Any other things which I should be aware of in my case.

    Thanks in Advance and Greatly Appreciate your help.

  • #2
    One can delay as long as the I-797 is valid. Note L1 + H1 time = 6 years.

    You can appear for a visa whenever as long as you have a valid (unexpired/revoked) I-797 and the job exists.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      No restrictions from USCIS. It is between you and your employer.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        Thanks a Lot for the quick reply, it helped me a lot.

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        • #5
          You will have to convince the VO that the job is still available. This will become increasingly difficult if the US economy does not improve.

          If you did not plan to use the visa immediately, why did you deprive another person of the opportunity?

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