H1b Extension - Important Aspects

[sunandoghosh]

Hi Friends,

A Very Warm Happy New Year 2012 to All of You.

I would like to seek one quick clarification in content of H1B extension.

Content - My H1B visa cum Approval Notice expires this year in Sept 2012

My understanding (based on whatever I could understand from reading) is that –

1. H1B extension benefit – one can get 3 more years without applying for fresh H1B in new quota.

Pls verify whether above statement is correct or not.

2.One needs to be in USA for filing extension.

This would mean H1B extension cannot be filed from India. (I have got conflicting responses)

Pls verify whether above statement is correct or not.

3. What’s best strategy to make sure extension is dealt with appropriately?

Example:

Should I stay in USA in project till Sept 2012 or until I get extension (in case extension comes after Sept 2012)?

Or Can I go back to India and later on should come for another project to USA before Sept 2012?

Or Stay in India and get my extension filed from India (in case its possible)?

I would love to go back now to India but don’t want to do it at cost of my H1B extension.

Pls share your views. Thanks.

[redgreenbluee]

please consult a lawyer.

to clarify: H1 gives a beneficiary authorization to work with sponsoring employer, the total H1 time a beneficiary can get is 6 years which can be extended if GC process is involved.

H1 extension means that an individual is currently working in the US on H1 and would like to extend his/her work authorization.

if you are outside the US, H1 time is not counted, and status only counts when you are physically in the US. it means that once your H1 approval expires while outside the US, you can simply apply H1 again but the H1 is still part of the 6 year time limit of your current H1.

of course every time you apply for H1 (whether new or extension), uscis will check your eligibility and all the supported documents submitted with the application.

Hi Friends,

A Very Warm Happy New Year 2012 to All of You.

I would like to seek one quick clarification in content of H1B extension.

Content - My H1B visa cum Approval Notice expires this year in Sept 2012

My understanding (based on whatever I could understand from reading) is that –

1. H1B extension benefit – one can get 3 more years without applying for fresh H1B in new quota.

Pls verify whether above statement is correct or not.

2.One needs to be in USA for filing extension.

This would mean H1B extension cannot be filed from India. (I have got conflicting responses)

Pls verify whether above statement is correct or not.

3. What’s best strategy to make sure extension is dealt with appropriately?

Example:

Should I stay in USA in project till Sept 2012 or until I get extension (in case extension comes after Sept 2012)?

Or Can I go back to India and later on should come for another project to USA before Sept 2012?

Or Stay in India and get my extension filed from India (in case its possible)?

I would love to go back now to India but don’t want to do it at cost of my H1B extension.

Pls share your views. Thanks.

[sunandoghosh]

please consult a lawyer.

to clarify: H1 gives a beneficiary authorization to work with sponsoring employer, the total H1 time a beneficiary can get is 6 years which can be extended if GC process is involved.

H1 extension means that an individual is currently working in the US on H1 and would like to extend his/her work authorization.

if you are outside the US, H1 time is not counted, and status only counts when you are physically in the US. it means that once your H1 approval expires while outside the US, you can simply apply H1 again but the H1 is still part of the 6 year time limit of your current H1.

of course every time you apply for H1 (whether new or extension), uscis will check your eligibility and all the supported documents submitted with the application.

[b]. it means that once your H1 approval expires while outside the US, you can simply apply H1 again but the H1 is still part of the 6 year time limit of your current H1.[/b]

So does it mean that the application for H1 in such case need not be part of Quota and can be applied without cap limits applicability?

Pls confirm.

Thank You

[jk25]

[b]. it means that once your H1 approval expires while outside the US, you can simply apply H1 again but the H1 is still part of the 6 year time limit of your current H1.[/b]

So does it mean that the application for H1 in such case need not be part of Quota and can be applied without cap limits applicability?

Pls confirm.

Thank You

H1 extension will NOT be counted under H1 cap.