Visa extension

[eswar0878]

Hi,

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,

Eswar

[eswar0878]

Can any one please advice. Your response is highly appreciated.

Thanks in advance.

[pontevecchio]

Get a new H1 sponsor to file your H1 petition and then come over on a new visa on approval. The visa is a mere entry stamp. If you land up on the visa without an approved H1 petition by the sponsor you will be working for on entry you will be sent back. First get a H1 sponsor to file a H1 petition for oyu.

[Attorney_22]

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.