H1B Extension

[lchokka]

Hi guys,
I got a question for you. I know you need to initiate 2nd 3 year H1B extension even before your current one, first 3yr period expire.

Is there a way we can extend our H1B petitions even if we past the deadline, expiry of the earlier petition? If so within how many days we need to initiate the H1B extension? Is the same rule applicable if you do it outside of US.


Chokka

[contact 01]

Hi guys,
I got a question for you. I know you need to initiate 2nd 3 year H1B extension even before your current one, first 3yr period expire.

Is there a way we can extend our H1B petitions even if we past the deadline, expiry of the earlier petition? If so within how many days we need to initiate the H1B extension? Is the same rule applicable if you do it outside of US.

There must be a valid reason for H-1b extension after the expiry of current H-1B. For example one week delay for filing H-1b extension after the H-1b expiration will be accepted by USCIS if the petitioner gives a valid reason for delay- that HR department over sighted the expiry date of the particular alien.

Rule is different if you are outside US. The employer can file new H-1b petition under non cap case.

Note: This is not a legal advice, please consult an attorney

[lchokka]

Hi guys,
I got a question for you. I know you need to initiate 2nd 3 year H1B extension even before your current one, first 3yr period expire.

Is there a way we can extend our H1B petitions even if we past the deadline, expiry of the earlier petition? If so within how many days we need to initiate the H1B extension? Is the same rule applicable if you do it outside of US.

There must be a valid reason for H-1b extension after the expiry of current H-1B. For example one week delay for filing H-1b extension after the H-1b expiration will be accepted by USCIS if the petitioner gives a valid reason for delay- that HR department over sighted the expiry date of the particular alien.

Rule is different if you are outside US. The employer can file new H-1b petition under non cap case.

Note: This is not a legal advice, please consult an attorney

Hi Contact01,
Thanks for your reply. I need one more clarification. What if my H1 expires when I stay outside US. Can I go for extension in that case?? Can transfer to someone if my H1 expires when outside US?

[contact 01]

I need one more clarification. What if my H1 expires when I stay outside US. Can I go for extension in that case?? Can transfer to someone if my H1 expires when outside US?

If your H-1b expires when you stay outside US, then the same employer can file anew petition under non cap and you have to get your H-1b visa stamping and then enter US.

or

New employer can file an new petition under non cap case


Note: This is not a legal advice, please consult an attorney

[lchokka]

Thanks Contact01, as alwyas.