Hi,
My H1B expires on Sept 30, 2011 and I need to apply for my first H1B extension. I am going to India in June for about a month. Can I apply and get my visa stamped from Canada before I went to India
----- one can apply H1 extension 6 months before I-94 expiry date or H1 petition must reach USCIS BEFORE I-94 expiry date. If your employer apply H1 extension now with regular processing then you may not get H1 approval notice in June but if apply with Premium processing then your can get the Extension in 20-25 days from the date the H1 extension reach USCIS. Regarding stamping in Canada you should read the experience of those who got Visa stamp from Canada recently. FYI if the Consulate in Canada reject H1 stamping then you have to go Directly to India from Canada for visa stamping. FYI at this time USCIS asks lot of documents for H1 extension and take the help of Good lawyer to file Extension with all the required papers.
or should I apply for renewal of H1B after i come back?
---You CAN do that and if Extension gets approved you will get I-94 attached with H1 ext approval notice and you can stay and work till new I-94 validity date and will need Visa stamping next time you go out of US.
Please advise.
Thanks.
