H1B expiring, stamping of visa

[mbafna]

Hi,
My H1B is expiring next month (Jun 30th, 2012). My visa has expired on 30th Sep 2009.
I went to US on "Jan 22nd 2007" and came back to India on "Feb 24th 2010". I stayed in US for 3 years.

I have an opportunity now to travel again. But is it possible to stamp new visa with just one month of H1B remaining? Can the stamping happen till June 30th and on reaching US I can extend my H1B for the remaining unused period? Please help.

Thanks in advance.

[kabkaba]

It is possible in principle. However, you will need supporting evidence from your employer that the job is still available.

[mbafna]

Thanks kabkaba. Only thing I am worried is the time it would take for the visa stamping as I just have a month left.

[shervin143]

It is not advisable to go for stamping with just 1 month of petition validity left. What if you get a 221g and it takes more time to decide on your case? Consider the time that takes to schedule the appointment and then to book the tickets and the actual date you fly to U.S. Even if everything goes as planned, you might end up with just 15 days of I-94 validity which is not realistically enough to file the H1B extension considering LCA and the time it takes to prepare the documents ready for the extension.

Also keep in mind that if you use the old petition to travel back, then when you file a H1B petition (for extension) you will get only 6 years minus whatever time that is already spend in U.S. Since you stayed out of U.S for 1 year, you are eligible to file the H1B under a new CAP and get a fresh 6 year period as long as you are ready to begin work on or after Oct 1st 2012.

[umamani2005]

Hi i have got my first H1B stamped and stayed in US around 8 months between 2007 and 2008 (4 months on each stay). Then return back to india and now i have got an extension on 2011 Apr and valid till 2013 Nov. If i travel to US 6 months before my expiration of my current H1B, and if i apply extension from US how many years they will provide extension for me? All together out of 6 years (H1B) I may use 8+6 months at that time. Am i eligible for remaining 58 months to stay in US? How they calculate total stay period?

[shervin143]

6 years minus time spend in U.S in H1B status minus time spend in U.S in L1 status. You do the math.

Hi i have got my first H1B stamped and stayed in US around 8 months between 2007 and 2008 (4 months on each stay). Then return back to india and now i have got an extension on 2011 Apr and valid till 2013 Nov. If i travel to US 6 months before my expiration of my current H1B, and if i apply extension from US how many years they will provide extension for me? All together out of 6 years (H1B) I may use 8+6 months at that time. Am i eligible for remaining 58 months to stay in US? How they calculate total stay period?