H1 extension

[msps]

I work in NY and my first H1 is expiring in Nov 2003.

a) Can I apply for H1 extension using premium processing now? Also can I (should I) apply for my dependents extension at the same time (their visa is expiring on same date as mine). My employer says that if I apply now, then I will not get new I-94 for them and will have to apply again

b) If I decide not to extend through current company and join another company then what will be the new visa valid till? Will I get new I-94

Thanks

 

[jaxen]

a) 6 months before expiry you can apply for you and the dependents. The h1 is guaranteed in 15 days if you opt for premium processing. That will be a overkill now.

b) if the employer applies for the default period, 3 years from receipt date. New employer can also specify that they only want you for 6 months (LCA is binding). After H1 transfer is approved you should get a new I94 (old number-new expiry date) unless you acquire out of status period...

 

[nkm-oct23]

Originally posted by msps
I work in NY and my first H1 is expiring in Nov 2003.

a) Can I apply for H1 extension using premium processing now? Also can I (should I) apply for my dependents extension at the same time (their visa is expiring on same date as mine). My employer says that if I apply now, then I will not get new I-94 for them and will have to apply again

b) If I decide not to extend through current company and join another company then what will be the new visa valid till? Will I get new I-94

Thanks

You don't need premium processing. Once H1 extension is filed, you can continue to work with your employer using the H1 receipt notice for upto 240 days after receipt notice date.

You should also apply for your family's H4 extension at the same time. I think the form used is I-539. In most cases H4's are approved at the same time as your H1.

If you decide to change employers, you can begin to work for the new employer once you get a receipt notice for H1 transfer.

In both cases, the approval notice will have a new I-94 with a new expiration date. (It might have the old I-94 number, though.)