Stamping with less than 4 months remaining on H1b permit validity

[Diorsdune]

I have 4 months validity period remaining on an h1b permit a company filed last year. I haven't gone for the stamping due to personal reasons & haven't been working out of India. Now, I would like to take the offer up & I will be able to travel as soon as I get the visa..

I wanted to understand if having only a 4 month validity period remaining on the permit could have a detrimental effect when I go for a stamping.

The company is still willing to hire me & we also have a project (client letter etc is not the problem). What's the probability of getting a successful stamping done with only 4 months remaining.

Pontevecchio... would be nice to hear from you.

Thanks ahead.

[helpme221g]

I have 4 months validity period remaining on an h1b permit a company filed last year. I haven't gone for the stamping due to personal reasons & haven't been working out of India. Now, I would like to take the offer up & I will be able to travel as soon as I get the visa..

I wanted to understand if having only a 4 month validity period remaining on the permit could have a detrimental effect when I go for a stamping.

The company is still willing to hire me & we also have a project (client letter etc is not the problem). What's the probability of getting a successful stamping done with only 4 months remaining.

Pontevecchio... would be nice to hear from you.

Thanks ahead.

I read in this forum . The guy having 4 months got visa. So i don't think any problem.

[Diorsdune]

@ helpme221g - thank you for your response.

Has anyone else had a similar experience?

Can the experts please add to this.

Technically/Legally I know this is not wrong/should not be an issue. HOWEVER, I would like to know if someone knows what the current trend is in similar cases.

Thanks again.

[Diorsdune]

Would be nice to hear from the experts at Murthy forum. Have you encountered similar cases in the recent past..?

[Diorsdune]

@ pontevecchio.. please can you throw some light on my question.

[pontevecchio]

In order to avoid future trouble and present problems let them file a H1 petition for you and then you get stamped and go and join the company. If you have specific docs you can go now and hope they will file an extension for you.

[Diorsdune]

Thanks for your response Pontevecchio.

The company wants me to join them first & said they would file an extension once I am in US.

Technically the VO should not have a problem with the validity period remaining on the permit.

That is why I want to know if I were to go for a stamping with just 3 months remaining on my H1 permit - what's the probability of getting a successful stamping done? Have you come across a similar case??

[pontevecchio]

Assuming the company is legit you should be able to explain that they need you now and will be filing an extension. I would ask for this in writing in case the VO wants to see it. In any case only one way to find out.

[Diorsdune]

Thank you Pontevecchio :-)

I don't want to try the only way to find out.. :-D and so let the company know.. that I need a H1b permit with more validity period on it, before I go for a stamping.

1) I'm told by the company that since I haven't worked with them yet... they cannot file for an extension, before I join them in US. - Is that right?

2) If an extension does not apply... Is an I129/H1b amendment the way to go about filing and getting additional time.

3) What next step would my company have to take - what are the options -Amendment / New H1....etc?

They are consulting their Attorney.. meanwhile I wanted to do my home work too. :)

4) Should the company withdraw the first H1b they filed (with barely any validity period left on it) before applying for the amendment/new h1/not sure what are the diff options... ?

Thanks again.

[Diorsdune]

Pls advise.

[pontevecchio]

Only one way to find out means exactly that and that there is no other solution. 4 months by itself is not a deal breaker for the visa.

[Diorsdune]

@ pontevecchio.. I wasn't willing to take any chances.. (JUST in case a 221G is issued.. & an avg 2-3 mth wait.. leads to the end of the validity period.. & then another petition (h1 extension) would be a waste.. & so I explained it & asked my company to apply again for extended h1 validity, before I go for the stamping. We let the client know that I will not join them. I will now be assigned to a new project 'cos of which I cannot use the existing H1 permit (has the old client's location).

Please can you help me out with answers to the questions from my previous post - 07/26. Thanks ahead.

[pontevecchio]

Sorry, I do not understand. If the company has filed a new H1 petition you should use that approval and as you said not take chances.

[Diorsdune]

@ pontevecchio..... The new company has not filed for a new H1b yet.

Bare with me & let me try & re-phrase my scenario & questions.. this time I have a new offer from another company as well.... and need to understand the options I have...

I've created a new post in the General H1b section of the forum & the title is "H1b Amendment+Extension / Transfer.. currently not in US"................ would be great if you could please spare sometime & help me with the answers.

Thanks!