akki0603 Posted September 4, 2013 Report Posted September 4, 2013 Hi, I'm currently on an H1B. My petition / visa expires in July' 2014. The max out date for my H1 upto 6 years is July ' 2016. I've been asked by my employer to go for an assignment to UK for an year starting Oct' 2013 to Oct' 2014. I wanted to understand if I could file for my H1 extension while working in UK in order to come back to US after completing my assignment in UK. ? Below is the response I've got from my employer. If I do not have any travel plans to US before my current visa expiry date, they'd file an H-1B petition requesting consular notification. Also, that I would not be cap subject since I have previously held H-1B status. What is the difference in filing an H1B extension and Consular Notification ? How long does consular processing take ? Can it be filed at any time of the year ? Are there any drawbacks ? Is it Safe ? Please advice on the appropriate steps to be taken to ensure hassle-free immigration.
omshiv Posted September 4, 2013 Report Posted September 4, 2013 your employer can file for H1 extension while you are abroad...also you can recapture the period stayed outside the US.
jairichi Posted September 4, 2013 Report Posted September 4, 2013 Hi, I'm currently on an H1B. My petition / visa expires in July' 2014. The max out date for my H1 upto 6 years is July ' 2016. I've been asked by my employer to go for an assignment to UK for an year starting Oct' 2013 to Oct' 2014. I wanted to understand if I could file for my H1 extension while working in UK in order to come back to US after completing my assignment in UK. ? Below is the response I've got from my employer. If I do not have any travel plans to US before my current visa expiry date, they'd file an H-1B petition requesting consular notification. Also, that I would not be cap subject since I have previously held H-1B status. What is the difference in filing an H1B extension and Consular Notification ? How long does consular processing take ? Can it be filed at any time of the year ? Are there any drawbacks ? Is it Safe ? Please advice on the appropriate steps to be taken to ensure hassle-free immigration. An extension of status if filed if you are in US while a consular processing is done if you are out of US. Once you get an valid I797 you have to approach an US consulate and apply for a H1B visa. As you are cap exempt you may apply anytime and you will get the remainder of 10 months. It is safe.
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