hemanthpdeep Posted May 15, 2014 Report Share Posted May 15, 2014 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. At least how many months she should work before applying for Visa extension? Please suggest. 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? 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 Link to comment
jairichi Posted May 15, 2014 Report Share Posted May 15, 2014 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. Link to comment
rahul412 Posted May 15, 2014 Report Share Posted May 15, 2014 At least how many months she should work before applying for Visa extension? Please suggest. 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? 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. Link to comment
t75 Posted May 15, 2014 Report Share Posted May 15, 2014 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.. Link to comment
kmodugu0708 Posted May 15, 2014 Report Share Posted May 15, 2014 3. Once you got your H1B Stamp...H4 is cancelled... You have to go again for H4 Stamping... Link to comment
hemanthpdeep Posted May 19, 2014 Author Report Share Posted May 19, 2014 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. Link to comment
jairichi Posted May 20, 2014 Report Share Posted May 20, 2014 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. Link to comment
jairichi Posted May 20, 2014 Report Share Posted May 20, 2014 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. Link to comment
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