Question on H1B expiry

S

sgp_gc

Registered Users (C)
Hi,

My H1B expires on Oct1st, and my company has applied for extension on july12'2002 @ VSC. The current processing time appers that it will take another 4months for my H1 to come through.
My CP papers have been sent to the consulate(Singapore), and I am expecting interview in Nov/Dec.

Now my Question is

1. What will happen if my interview is before my H1B extension approval? Will that be a problem? Can I travel for CP interview with the receipt of H1B extension filing?

2. I checked with my company on premium processing and they say that once I know my interview date, if by that time my approval doesnt come through, they will file for premium processing as it takes 12days(according to company lawyer) .
It seems the lawyer said I will have one month time before my Interview date, and hence I should be fine. Do you folks think this is practical?

What do you advice? Any one in similar experiences?

Thanks for the valuable inputs,

Regards,
sgp_gc
 
Hi
i dont know the answer for the first question
but
i am also in a similar situation my CP papers have been sent to India and i am expecting my interview be some time in Nov. and H-1 visa expires on Oct 26th, and my company applied for premium processing for my H1 extension @ NSC on aug 30th and my lawyer said u should hear back in 15 days.
So I guess u can wait till you know the interview date.

Originally posted by sgp_gc
Hi,

My H1B expires on Oct1st, and my company has applied for extension on july12'2002 @ VSC. The current processing time appers that it will take another 4months for my H1 to come through.
My CP papers have been sent to the consulate(Singapore), and I am expecting interview in Nov/Dec.

Now my Question is

1. What will happen if my interview is before my H1B extension approval? Will that be a problem? Can I travel for CP interview with the receipt of H1B extension filing?

2. I checked with my company on premium processing and they say that once I know my interview date, if by that time my approval doesnt come through, they will file for premium processing as it takes 12days(according to company lawyer) .
It seems the lawyer said I will have one month time before my Interview date, and hence I should be fine. Do you folks think this is practical?

What do you advice? Any one in similar experiences?

Thanks for the valuable inputs,

Regards,
sgp_gc
Click to expand...
 
you can go for CP interview with an expired H1 with or without extension filed. If extension is filed, you can overstay your I94, if extension is not filed, then also you can overstay for 180 days if you are a CP candidate.
Not many people do the latter as they become illegal and the consular may or may not know the 180 day rule.
Also, you can leave the country on the date of I94 expiry.
--
 
rjo1, chad12
Thanks for the inputs!

rjo1,

Where did you hear about this 180 days after H1B expiry for CP candidate and travel with/without filing H1 extn? I am also new to this. If you can point me to some website, or something it will be useful.

So you feel I dont have to go for premium processing? but can travel with expired H1B/I-94 and the receipt that the extension is filed?

Thanks and Regards,
-sgp_gc
 
this has been covered on this forum so many times ...

here again,

u need not have the extension approval in ur Hand at the time of the CP interview. Having just the receipt showing that u applied for extension is enough ...

I had my CP in July at New Delhi with an ext. receipt ... there was no problem ...

Also, I agree with ro1 that the 3-10 yr disqualification rule only kicks in if you have overstayed for more than 180 days after the expiry of the I-94 (provided u did not file for ext. of H1B) ...

Hope it clarifies the things ... no need to waste any money on the premium processing ....
 
one more thing ...

if u are travelling with an expired H1B stamp on the passport, u will not be able to fly through France, Switzerland, Germany as they need Transit Visa for citizens of most countries (India included)....and a requirement for a transit visa is a valid US visa (which has expired in ur case), so u will not get a transit visa from them ... u can go and check the requirements at the various countries consulate websites ....

If u fly through, London, Amesterdam, Milan, Hong Kong, Singapore ...u do not need a transit visa ..
 
im9999,

My consulate is Singapore! That is another reason why I was concerned about the H1B approval, because I am not sure whether all US consulate work alike(although they are supposed to )

Thanks for the information regaridng the transit visa, I will look into this.

Regards,
sgp_gc
 
Same question for spouse's H1b expiration

Hi,

I have a similar question, but my question is for spouse, not for CP applicant.

I am a CP applicant and I am expecting an interview in Nov. My husband is on H1b visa, his current H1b will expire on Oct01 and his employer has filed H1b extension for him in Aug, without premium processing. So when we go for CP interview say in Nov, his I94 will expire.

Now my question is that will his H1b expiration cause any trouble in the CP interview? What kind of evidence (document) does he need to get from his employer's lawyer to prove he has filed H1b extension?

Thanks for helps!
 
U can take the new H1-B application receipt. INS issue a notice once they receive the application.
 
You must log in or register to reply here.
Top