H1B Visa Extension from UK

[manupreddy]

Dear Friends,

I have a question on my H1B Visa extension while I'm at UK.

I have valid H1B visa stamp with my current employer and it expires on September, 2013. Due to my personal reasons (as my spouse is working in UK), I'm planning to relocate to UK in Jan 2013 and work in UK for an year and come back to US with my valid H1B some time in 2014.

My current employer also has a branch office in UK. Hence I'm planning to relocate to UK through Inter-Company transfer UK work Visa and work there for the same employer in UK for a year and come back to US into the same company. My profile meets the legal requirements to apply for UK work visa.

Throughout my process there is no change of the company/employer.

I know that I can start apply for H1B Visa extension in Mar 2013. Since I'm planning to relocate to UK prior to this date:

1. Would it be possible apply the H1B Extension while I'm in UK? or Is it mandatory that I need to be in US to apply for extension. Are there any risks involved in either of the scenarios? I'm an Indian national.

2. Can I go for visa stamping in UK after the extension as and when I'm willing to come back to US.?

I really appreciate your help on this regard.

[pontevecchio]

Yes to both.

[manupreddy]

Hi,

I checked with my HR, she mentioned that the beneficiary must be in US for H1B visa extension. I was wondering why is it required. Is it as per legal regulation or any other reason. I have not got chance to clarify this with my HR.

Another question,

Whether can I travel to UK once I applied for the Visa extension and while it is in-process?

I appreciate your response.

[pontevecchio]

One can file a H1 petition while coming from china and living in Timbuktu. What does HR got to do with it? The lady is wrong. It does not matter as she works for the company and presumably your supervisor has decided you are good enough to go over to THE English branch for an year. The company Lawyer will handle the matter and it would be extremely unlikely for you to get another visa stamp in London. In any case visas are never extended in the USA. Petitions are extended. Visas to the USA can only be obtained outside the USA. Talk to your Boss and if possible the company Lawyer. You could try talking to someone else in HR who has some sense. Or it could be a problem of semantics. If your boss permits get your own consult with a Lawyer about the matter.

[pontevecchio]

it would be extremely unlikely for you to get another visa stamp in London

Sorry. That should read extremely unlikely for you Not to get the visa in London.