H1B Amendment / Extension

[Prabuonnet]

My wife has initial H1B approved from 10/1/2015 to 08/04/2018 (In india) and before her first travel her company applied H1B amendment. Amendment petition only approved till 07/13/2017. When she first time enter to US Port of entry i-94 was issued till 7/13/2017.

Mistakenly we/company  didn't noticed that 797 about expire and did not filed extension till date.

mean time, she went to India last month for Vacation and returned back couple of days back (on 7/10/2017). At POE,  mistakenly she showed the old 797(015 to 08/04/2018) and got her New I-94 till 08/04/2018.

But the new 797 is expiring today, her company ask her leave US and apply H1B extension from India and come back.

She is ready to go back. I would like to what is the next step. Should we need to file an H1B extension + Amendment? Or only H1B amendment is enough?

Please clarify.

[satya2k1]

On 7/13/2017 at 3:38 PM, Prabuonnet said:

My wife has initial H1B approved from 10/1/2015 to 08/04/2018 (In india) and before her first travel her company applied H1B amendment. Amendment petition only approved till 07/13/2017. When she first time enter to US Port of entry i-94 was issued till 7/13/2017.

Mistakenly we/company  didn't noticed that 797 about expire and did not filed extension till date.

mean time, she went to India last month for Vacation and returned back couple of days back (on 7/10/2017). At POE,  mistakenly she showed the old 797(015 to 08/04/2018) and got her New I-94 till 08/04/2018.

But the new 797 is expiring today, her company ask her leave US and apply H1B extension from India and come back.

She is ready to go back. I would like to what is the next step. Should we need to file an H1B extension + Amendment? Or only H1B amendment is enough?

Please clarify.

H1B Amendment and H1B extension are two totally different things. 

Your wife's employer will file amendment if there is any substantial change in H1, such as change in location, position etc.   If your wife is employed at the same location and there are no changes, then her employer will apply for extension.  Her employer should apply for her H1B status extension NOT you or your wife.  Your wife can stay in the USA while the h1 extension application is under process.