H1 Extension

[jenish007]

Hi,

I have got H1 stamped last year for one year validity and its expiring on 30th sept.

But till now I have not travelled to US on that visa. But I need to get this H1 extended.

If H1 can be extended only if I travel to US, before how much time I need to be there at US before expiry so that I can apply for extension of the same?

Thanks,
Jenish

[shervin143]

You need not have to be in U.S to extend the petition. The same employer who filed your H1B petition or any new employer can file a new CAP exempt petition on your behalf anytime and request an immediate start date. You just need to provide a copy of your existing approval notice.

If you are planning to travel to U.S and then file the extension, then it is advisable to travel 3-4 months before the petition expiry date. You will need a new LCA to file the H1B extension which will take about 2 weeks. Lawyers might take some time to prepare the documents. It is advisable to file the extension at least 3 months before the I-94 (the one that you will receive at the POE) expiry date. So plan accordingly.