H1B Extension Queries


sanjiv1987

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Currently my petition is expiring on Sep 30th 2014.

Please note that I have stayed for only 10 Months on this H1B.

 

Can an extension be applied on Dec 2014 for this visa.

Is it required to apply for an extension before the expiry. Can there be a gap bewtween expiry and extension.

 

Can an extension be applied from India.

 

Thanks

Sankar

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Currently my petition is expiring on Sep 30th 2014.

Please note that I have stayed for only 10 Months on this H1B.

 

Can an extension be applied on Dec 2014 for this visa.

Is it required to apply for an extension before the expiry. Can there be a gap bewtween expiry and extension.

 

Can an extension be applied from India.

 

Thanks

Sankar

Yes, an employer can file a cap exempt H1B petition and this can be done anytime and anywhere. Only if you are currently in US then extension has to be filed before I94 or petition expiry.

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Your understanding of the H1 seems rather vague. You were cap counted once. You were in H1 status for 10 months. You are now in India. You need a H1 sponsor to file and get a non cap H1 petition approved and then you need a visa to come over to start. Extension and transfer has no meaning to you. The existing petition expiry has no meaning to you.

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