H1 Extension Query

[rajat12]

Hi,

My H1 petition and visa stamp both got expired in Jan this year. I still have about 1 year left from the 6 year stay limit that is allowed on H1. I am looking to have employer file for H1 extension under the cap exemption.

Is there any time period after the petition expiry date within which the the employer needs

to file for H1 extension? i.e. Till how many months after Jan 2012 can employer still file for extension so as to be considered by USCIS. Please advise.

Thanks,

Rajat

[pontevecchio]

What is your current situation?

How many years have you spent here in H1 status?

[rajat12]

I have already spent 5 years in US on H1 status. I moved back to India in 2011.

My Visa stamp and petition were valid till Jan 2012.

[krialta]

While you are out of country, will you get an extension for a job you don't hold - No. Whether you would be considered for H1 transfer under cap-exempt - Yes.

If returning back before one year from your exit, you would get only remaining period of initial 6 years limit.

[pontevecchio]

If you can wait try and find a H1 sponsor to file in April to start in October,2013. If approved you will get 6 more years in total. That has to be a new H1 petition subject to the cap. Make sure to do it correctly to avoid ending up with one year.