Visa extension


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I had my H1B stamped in then year 2008 and since then i haven't traveled to US and it is going to expire on 1st Sept 2011. How can i get the visa extension after the expiry date as i would like to retain the validity and how is it possible to travel US as i had plans to travel in the coming months. Any advice or suggestion would be greatly appreciated.

Thanks in advance,


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Generally, an individual is eligible to use an H1B visa within the validity of the visa as noted on the visa stamp/seal. To be eligible to utilize an H1B visa the underlying position with the employer described in the approved H1B petition must still be available. Therefore, if the position described in the approved H1B petition is still valid and available you may enter the U.S. prior to September 1, 2011 with a recent verification of employment letter from the H1B petitioner. However, if the I-797 H1B Approval Notice also expires on September 1, 2011 your employer will need to file either an H1B extension petition on your behalf to continue working after September 1, 2011, or may file a new H1B petition with a start date of October 1, 2011 for a new six year period if you have yet to begin employment with this employer in the U.S. If however, your travel to the U.S. is unrelated to the underlying employment in the H1B petition, then the H1B visa in your passport is an inappropriate basis for entry into the U.S. For a more in-depth discussion relating to your personal U.S. immigration circumstances, please contact a qualified U.S. immigration attorney.

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