H1 Renewal Question

[jason10]

Hi Members,

My wife's H1's 3 yrs are expiring in Sept/12. By when should we start renewal process? Also IF we start renewal in say May/June and renewal is denied, can she work upto Sept?

Appreciate your reply.

Regards,

MS

[wiweq]

You don’t need to start the H1b renewal. Your employer would do this, when needed. H1b is totally your employer's property and they know better how to maintain their property.

Btw, an H1b renewal can be started by an employer before 90 days of expiry date.

[jason10]

Thanks for the response!

Ok, so say Employer starts it say 90 days in advance and its denied in 30 days. So there would still be 60 days on old H1 petition. Can the employer still use the old petition and keep the employee on payroll for those 60 days?

[wiweq]

Thanks for the response!

Ok, so say Employer starts it say 90 days in advance and its denied in 30 days. So there would still be 60 days on old H1 petition. Can the employer still use the old petition and keep the employee on payroll for those 60 days?

=> Yes, your previous H1b will be active till it's expiry, and you can take all privileges of that.