H1 Extension applying after Stamped H1 Visa expiry


thosh_san

Recommended Posts

Hi,

 

   - I was working for *********, USA till Mar 2013. The company filed for H1 and the I797 expires on May 31, 2014.

   - I relocated to India, on April 7, 2013 due to family reasons and presently working in *********, India.

   - Now i am looking for opportunity in US.

   - Fortunately, one service based small company gave me offer and said they will apply for H1 Extension.

   - But now, the company saying, they cannot do extension at the moment as H1 quota system starts from April 2014, and there will be delay in appying for extension.

   - I dont understand the reason, why there will be delay in applying for extension, becuase quota system starts from April. Also, they

     are saying my H1 extension will not go through regular quota system as it is already petitioned by prev employer and just need for extension.

   - My worry is, the delay could go beyond May 31, 2014( my visa expiry date), and in that case, can i my H1 extension be applied after visa expiry date also?

 

Thanks,

Santhosh

Link to comment

Hi,

 

   - I was working for *********, USA till Mar 2013. The company filed for H1 and the I797 expires on May 31, 2014.

   - I relocated to India, on April 7, 2013 due to family reasons and presently working in *********, India.

   - Now i am looking for opportunity in US.

   - Fortunately, one service based small company gave me offer and said they will apply for H1 Extension.

   - But now, the company saying, they cannot do extension at the moment as H1 quota system starts from April 2014, and there will be delay in appying for extension.

   - I dont understand the reason, why there will be delay in applying for extension, becuase quota system starts from April. Also, they

     are saying my H1 extension will not go through regular quota system as it is already petitioned by prev employer and just need for extension.

   - My worry is, the delay could go beyond May 31, 2014( my visa expiry date), and in that case, can i my H1 extension be applied after visa expiry date also?

 

Thanks,

Santhosh

Since you are cap exempt an employer can file a cap exempt H1B petition anytime. There is no time limit. You could ask employer to file in premium processing and you would get a decision in 15 calendar days.

Link to comment

   - But now, the company saying, they cannot do extension at the moment as H1 quota system starts from April 2014, and there will be delay in appying for extension.

   - I dont understand the reason, why there will be delay in applying for extension, becuase quota system starts from April. Also, they

     are saying my H1 extension will not go through regular quota system as it is already petitioned by prev employer and just need for extension.

 

Every H1 employee knows that once his H1 is approved his ext will be cap exempt which means he can your H1 at ANY time during the year. NO need to wait till April 1st.

 

Looks like your new employer doesn't no much about H1. And one more thing don't even pay a penny for your H1.

Link to comment
  • 9 months later...

Hi, Thank you all for replying. Now My H1 visa petitioned by previous employer(X) has expired on May 31,2014 and i no longer work for my company(X) in USA.I am working for another company(Y) in india. But i am looking for opportunities back in USA. I am applying for jobs and getting calls and first question, they ask me is whether i am having a valid work authorization. I dont know what is my status. As my visa expired, is it still possible to apply for H1 Extension? Also, if i get job offer from company (Z), is it possible to make H1 Transfer from company X to company Z, as i have resigned from company X? Please clarify all my doubts as it will help me a lot. thankyou

Link to comment

Hi, Thank you all for replying. Now My H1 visa petitioned by previous employer(X) has expired on May 31,2014 and i no longer work for my company(X) in USA.I am working for another company(Y) in india. But i am looking for opportunities back in USA. I am applying for jobs and getting calls and first question, they ask me is whether i am having a valid work authorization. I dont know what is my status. As my visa expired, is it still possible to apply for H1 Extension? Also, if i get job offer from company (Z), is it possible to make H1 Transfer from company X to company Z, as i have resigned from company X? Please clarify all my doubts as it will help me a lot. thankyou

You inform those employers that you will need them to file a cap exempt H1B petition anytime (as you were already counted against cap) and with an approval notice and valid H1B visa you can enter US and work for them. Many employers will not be interested in this kind of proposal and they will ask you to enter on B1/B2 and later will file a cap exempt H1B petition. But if you are persistent in your quest you will find a good employer who will follow immigration laws diligently.

Link to comment

Hi, Thank you all for replying. Now My H1 visa petitioned by previous employer(X) has expired on May 31,2014 and i no longer work for my company(X) in USA.I am working for another company(Y) in india. But i am looking for opportunities back in USA. I am applying for jobs and getting calls and first question, they ask me is whether i am having a valid work authorization. I dont know what is my status. As my visa expired, is it still possible to apply for H1 Extension? Also, if i get job offer from company (Z), is it possible to make H1 Transfer from company X to company Z, as i have resigned from company X? Please clarify all my doubts as it will help me a lot. thankyou

Yes, you can file for H1 with your new employer. Forget about X, that's gone now.

Link to comment

Archived

This topic is now archived and is closed to further replies.