H1B extension from India

[to_biswajitdas]

Greetings,

I got my H1B stamped on 3rd Nov 2008 and is valid till tomorrow 10th August 2011. I traveled US on Oct 2009 and came back on May 2010 and still in India. My employer has started for extension since May 2011. As of today they said my LCA is certified and it will be filled shortly.
1. is it possible to to extend while i'm in india?
2. if LCA is certified, can my employer file my application even after my original petition is expired(it's tomorrow only)?

Please help me out with your valuable advice
Thank you in advance,

B Das

[kabkaba]

That is fine. Extension is really an extension only when you are present in the US (in that case it involved extension of status), otherwise it is just like a fresh petition. Only that you will not need to wait until Oct 1 to start.

[to_biswajitdas]

Thank you kabkaba for your prompt response.

1. how it is related to my existing h1b?
2. what is the chance of getting it as compare with a fresh h1b application?
3. what would be the validity?

Thank you again.

[shervin143]

1. how it is related to my existing h1b?
>>> Each H1B CAP is valid for 6 year. The employer can file the H1B petition using that CAP until you spend 6 years in U.S in H1B + L1 status. Whether your current petition is valid or expired doesn't matter.

2. what is the chance of getting it as compare with a fresh h1b application?
>>> There is no difference. The process is the same. If all documents are in place, you will get it. Otherwise you won't.

3. what would be the validity?
>>> Validity will be as requested by the employer. It depends on the work itinerary provided by the employer.

[to_biswajitdas]

thank you shervin143 for the clarifications..