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  • H1 extension while in home country

    Hi People,

    I got my H1 visa stamped till Dec 31,2011 and i am still in INDIA.

    Please answer my below queries:

    1) If my company cannot send me before the expiration date(Dec 31,2011). Can i go for extension in my home country? or is there any rule that extension should happen only in U.S.?
    2) As my visa is expiring in Dec,2011. By which month i should land in U.S. so that i can go for extension?

    Thanks in Adance
    Sudhakar

  • #2
    1) If my company cannot send me before the expiration date(Dec 31,2011). Can i go for extension in my home country? or is there any rule that extension should happen only in U.S.?
    >>> Yes they can. It is pretty much filing a new H1B petition using the same CAP from your existing H1B petition and requesting an immediate start date. Extension is a term used when a person is already in H1B status in U.S.

    2) As my visa is expiring in Dec,2011. By which month i should land in U.S. so that i can go for extension?
    >>> You can enter U.S anytime as long as the visa and the petition remains valid. But it is advisable that you file the extension at least 45 days prior to your I-94 expiry date (I-94 will be issued at the POE only till the petition expiry date).
    Not a legal advice. Use of this information is strictly at your own risk.

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