H1B approved for two months only

[jgfa3874]

Hi,

My cap H1B Visa got approved recently. But approval is valid for couple of months only. The attorney suggested to go for stamping as soon as possible, travel immediately and reach USA with enough days left before the visa expiry. Upon arrival my company will immediately file for an extension based on i94.

1. Is this the best option as of now? Since the time is very short is there a better option worth exploring?

2. Can't we file for an extension from India even before traveling to USA?

A quick response will be very appreciated. Thanks in advance!

[User099]

1. Was you COS denied? If yes, then stamping is the only option for you to switch to H1 status.

2. You can, but the extension will not come with an I94 and you will again have to travel.

[jgfa3874]

Thanks for your reply.

1. No, nothing was denied. This is a fresh cap H1B that got approved.

2. That's great. Yes travel has to happen, but at least we can potentially get a bit more time to plan and execute instead of rushing. Is it not?

[User099]

1. Did you approval notice come back with an i94?

2. Some employer don't file for an extension till you are back. They can complete all paperwork and submit one you have an i94 which will be better option.