Need clarification on H1B extension

[hemanthpdeep]

Hi,

 

My wife's H1B petition got picked up in 2014 quota and on 5th March 2014 her visa got approved for one year i.e. its valid until 4-Mar-2015. Since then she had only 1 paycheck on H1B status, soon after visa approval she traveled India due to personal reasons. However she got visa stamped from Chennai consulate office.

 

Now she may not be travelling back to US until October due to personal reasons. Such that she may end up working for less than 4 months or may not work before visa expiry date. Here we have couple doubts, any suggestions/thoughts are highly appreciable.

 

1. At least how many months she should work before applying for Visa extension? Please suggest. 
2. If she work for even 2-3 months before visa/I-94 expiry date. shall we apply for extension with those months pay-stubs, client letter and other necessary documents? Will there be any concerns?
3. In case if she hasn't utilized her H1B before expiry date, can she travel US on H4 visa and then apply for a new H1B with cap exemption? please clarify.

Thanking you in advance.

 

Hemanth

[jairichi]

1. No specific time limit. Extension can be applied by employer not more than 6 months before H1B expiry date.

2. Yes. Refer 1.

3. Yes. But, only an employer can file a cap exempt H1B petition.

[rahul412]

 

1. At least how many months she should work before applying for Visa extension? Please suggest. 
2. If she work for even 2-3 months before visa/I-94 expiry date. shall we apply for extension with those months pay-stubs, client letter and other necessary documents? Will there be any concerns?
3. In case if she hasn't utilized her H1B before expiry date, can she travel US on H4 visa and then apply for a new H1B with cap exemption? please clarify.

On H1 she has to get paid every month.If not she will be out of status.

And she will be on H1 only when she is in US.

[t75]

Visa is passport stamping used for entry into the US. It is not "extended" once it is expires; a new stamping is obtained.

 

If you and she are both going to be on H1B status, you need to read the USCIS website for rights and responsibilities. You r statements and questions indicate you are very confused on basics of the program..

[kmodugu0708]

3. Once you got your H1B Stamp...H4 is cancelled... You have to go again for H4 Stamping... 

[hemanthpdeep]

1. No specific time limit. Extension can be applied by employer not more than 6 months before H1B expiry date.

2. Yes. Refer 1.

3. Yes. But, only an employer can file a cap exempt H1B petition.

 

Thanks for replying, Jairichi. W.r.t point 3, any employer can file for cap exempt new H1B petition or the same employer who holds the previous/expired H1B petition? please clarify.

[jairichi]

3. Once you got your H1B Stamp...H4 is cancelled... You have to go again for H4 Stamping... 

Not really. Only if H4 visa is canceled by consulate then it is canceled.

[jairichi]

Thanks for replying, Jairichi. W.r.t point 3, any employer can file for cap exempt new H1B petition or the same employer who holds the previous/expired H1B petition? please clarify.

It can be any employer or even the same employer.