Will i get a smooth extension, if i travel to USA very close to expiry of H1b visa?

[sweety04]

My H1b was approved in 2009 by an employer A, but i got it stamped only in Dec 2011 as I had a job change in between and rejoined my previous employer. After stamping in Dec 2011, the validity of the issued visa is only till Sep 2012 which means my visa will expire by 2012 if I do not get it extended. I haven't traveled to USA, yet but do not wish to lose the visa. My questions are as below.

1) How long before the expiry of my visa, is it best for me to travel to USA to ensure smooth extension?
2) What will be the list of documents needed for extension? Will i mandatorily need the recent US pay stubs? If yes, for how many month? Is SSN number mandatory for extension ? How long will the extension process take?

3) If, i travel around April 2012 or May 2012, that's what my employer is wishing for me, will I be able to still file the extension and be able to collect all the documents required like SSN & Paystubs and all in required time as I am not aware of the processing time for these documents?

4) Will it be too late to travel around April 2012 to ensure safe extension?

5) If I travel in May 2012 or later, will i still have chances of extending Visa smoothly or will i miss on any document?

6) After filing the extension, do i need to stay in USA until extension is approved or can i come back to my home country?

Appreciate your help!

Please reply as I am in hurry and confusion! Thanks a lot!!

[shervin143]

1) How long before the expiry of my visa, is it best for me to travel to USA to ensure smooth extension?
>>> Extension by normal process can take anywhere between 2-4 months and 15 days by premium (assuming there are no RFEs issued).

2) What will be the list of documents needed for extension? Will i mandatorily need the recent US pay stubs? If yes, for how many month? Is SSN number mandatory for extension ? How long will the extension process take?
>>> Same set of documents that you gave your H1B employer the first time while filing the petition. In addition, a copy of all your latest approval notices, your latest pay slips, employment verification letter and client letter (if you work atthe lcient place).

3) If, i travel around April 2012 or May 2012, that's what my employer is wishing for me, will I be able to still file the extension and be able to collect all the documents required like SSN & Paystubs and all in required time as I am not aware of the processing time for these documents?
>>> Read answer one above. In order to file the H1B petition an LCA need to be filed and approved. That will take about 2 weeks. Add the time that will take for preparing the doucments by your lawyer and calculate what is the best time to travel based on whether you will file the extension by normal process or by premium.

4) Will it be too late to travel around April 2012 to ensure safe extension?
5) If I travel in May 2012 or later, will i still have chances of extending Visa smoothly or will i miss on any document?
>>> >>> See above answer 3.

6) After filing the extension, do i need to stay in USA until extension is approved or can i come back to my home country?
>>> You need to stay in the country until you get a decision. Otherwise the EOS may get denied.

[sweety04]

Thanks for your reply. I have few more questions on your reply in red.

1) How long before the expiry of my visa, is it best for me to travel to USA to ensure smooth extension?
>>> Extension by normal process can take anywhere between 2-4 months and 15 days by premium (assuming there are no RFEs issued).


2) What will be the list of documents needed for extension? Will i mandatorily need the recent US pay stubs? If yes, for how many month? Is SSN number mandatory for extension ? How long will the extension process take?
>>> Same set of documents that you gave your H1B employer the first time while filing the petition. In addition, a copy of all your latest approval notices, your latest pay slips, employment verification letter and client letter (if you work atthe lcient place).
It means i will atleast have to have 2-3months of pay stubs before filing extension. So If i travel in April 2012, I should be able to file extension only in July 2012 after having recent pay stubs plus LCA generation?

3) If, i travel around April 2012 or May 2012, that's what my employer is wishing for me, will I be able to still file the extension and be able to collect all the documents required like SSN & Paystubs and all in required time as I am not aware of the processing time for these documents?
>>> Read answer one above. In order to file the H1B petition an LCA need to be filed and approved. That will take about 2 weeks. Add the time that will take for preparing the doucments by your lawyer and calculate what is the best time to travel based on whether you will file the extension by normal process or by premium.

4) Will it be too late to travel around April 2012 to ensure safe extension?
5) If I travel in May 2012 or later, will i still have chances of extending Visa smoothly or will i miss on any document?
>>> >>> See above answer 3.

6) After filing the extension, do i need to stay in USA until extension is approved or can i come back to my home country?
>>> You need to stay in the country until you get a decision. Otherwise the EOS may get denied.

Ohk is it a mandate or just to be on safer side, i need to stay coz i read on some sites & my company HR say that once the extension is filed, i can return to my home land

Thanks again for your help!!

[shervin143]

If your whole purpose is just to file the extension, then it can be done from your home country. You need not travel to U.S just for the purpose of filing an extension. Extension of stay means that you are currently in a particular status in U.S and you want to extend your stay. EOS will come with a new I-94. You can have an I-94 only when you are inside U.S. So if you leave the country when the EOS is in progress, then EOS may very well get denied and H1B might get approved for a consular process.

While fiing the extension, you will need pay slip only for your duration of stay in H1B status. If you were in U.S only for 1 month in H1B status, then only 1 month's payslip is needed.

Thanks for your reply. I have few more questions on your reply in red.


Ohk is it a mandate or just to be on safer side, i need to stay coz i read on some sites & my company HR say that once the extension is filed, i can return to my home land

Thanks again for your help!!