H1B renewal

sumesh11

Registered Users (C)
My 3yr on H1b expires in Sep 09, I am planning to go to India in May 09, I will be back in USA in May itself. If I apply for H1 renewal after I come back is it too late?

Thank you
 
My 3yr on H1b expires in Sep 09, I am planning to go to India in May 09, I will be back in USA in May itself. If I apply for H1 renewal after I come back is it too late?

Thank you
Your employer can apply after your trip (you will get new I-94 and lawyer will need the copy of that). One can file H1 extension with USCIS before the I-94 gets expired OR 6 months advance of I-94 expiry date.
 
If I apply in May 09 that before my I 94 expires, and if the renewal process takes more than 4 months, what happens if the renewal process is still going on and my I 94 expires. During that time do I have to leave US or I can still stay and work?
 
If I apply in May 09 that before my I 94 expires, and if the renewal process takes more than 4 months, what happens if the renewal process is still going on and my I 94 expires.
----------------if your H1 extension petition reach USCIS Before May 09(dont apply on May 9 as you will be going out of US apply 5 or 6 so that USCIS gets your petition before May 9) then it is ok. when you come back you will get I-94 till your current visa stamp. you can stay in US if your I-94 that you get when you enter US in May 09 you can stay and work as your H1 extension will be pending.
During that time do I have to leave US or I can still stay and work?
----------------------You can stay and work as your H1 extension will be pending.
best option is to apply H1 extension AFTER you come back to US.
 
After renewal do I need to have go for re-stamping? If yes is there a particular time limit I have to get it stamped?
 
After renewal do I need to have go for re-stamping? If yes is there a particular time limit I have to get it stamped?
If H1 renewal is approved then it will have I-94 attached and you can remain and work till I-94 expiry date in US. If go out later then you need H1 visa stamp to enter US.
 
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