Minimum time req to apply for H1-B extension before expiration

navdod

Registered Users (C)
#1
Hi Guys,
Is there a certain time before current H1-B expiration that we cannot apply for an extension?
I heard from someone that you cannot apply for an extension before 60 days to H1-B expiration?
Is that true?
If so, what is the impact/result if we do?
I sent mine through premium processing (current H1-B expires on Mar 31 04) so I can bring my spouse back with me when I visit India (since there have been cases where spouses' H4 was rejected if the H1-B was close to expiring). What are my options?

Thanks..
 

saigc

Registered Users (C)
#2
Is there a certain time before current H1-B expiration that we cannot apply for an extension?
+++++NO. but generally company prefers to file just before expiry so that there is no overlapping of h1 to save money in the future.

I heard from someone that you cannot apply for an extension before 60 days to H1-B expiration?
Is that true?
+++++ NO for regular h1 extension. For 7th or nth year extension (after 6 year limit) there are rumours that you need to file just before the completion of 6th year. ac21 regulation has not fully come out yet. So no clue.

If so, what is the impact/result if we do?
+++++ nothing adverse. you might have overlapping h1 petitions. you or your employer might loose money later when you file extension in the future.

I sent mine through premium processing (current H1-B expires on Mar 31 04) so I can bring my spouse back with me when I visit India (since there have been cases where spouses' H4 was rejected if the H1-B was close to expiring). What are my options?
+++++ havent heard of this. it shouldnt happen. but the consulate might question on your pending gc or if whether your employer is planning to file 7th year etc. better consult your lawyer and get all proper and strong documentation before you leave usa.
 

navdod

Registered Users (C)
#3
H1-B visa revalidation?

Thanks for the insight,
Is there is limit on how soon one can get the revalidation stamp from an approved I-729?
I heard that there is a 60 day limit (to the expiry of the current visa?)
Is it only for revalidation in the Us (St. louis) or does it apply to all US consulates around the world?

Thanks,
 

saigc

Registered Users (C)
#4
Is there is limit on how soon one can get the revalidation stamp from an approved I-729?
I heard that there is a 60 day limit (to the expiry of the current visa?)
you may be able to revalidate in usa within 60 days prior to expiration or within 1 year of the expiration date.
Is it only for revalidation in the Us (St. louis) or does it apply to all US consulates around the world?
 

navdod

Registered Users (C)
#5
How about @ a US consulate in Canada/India?

Does the same 60 day limit apply to a US consulate outside US?
Is there a different limit at a US consulate?

Thanks
 

jaxen

Volunteer Moderator
#6
If it is beyond 365 days from the previous/current H1 expiry you have to revalidate in an US consulate. there are no far out limits. If your previous H1 expired Nov 1, 2002, you still have Oct 31, 2003 to Fedex your revalidation application to St. Louis.
State your dates and ask the right question. Dont go on a fishing trip yet.
 

navdod

Registered Users (C)
#7
I meant before H1B expiry.
My H1B expires Apr 31 2004. I have my H1B extension under premium processing. I hope to get an approval by Mid Nov 2003. Can I get my H1-B stamped (revalidated) at a counsulate outside US (Canada & India) before my current H1B expires. If so how long before my current H1B expires can I get the revalidation done.

Thanks for the insight.
 
#8
Not sure if anybody is monitoring this thread. Similar question. I had my H1 visa upto 12/27/2014. But I moved back by July end. Had 5 months of Valids H1 Visa. Is there a possibility to renew this Visa now ? (after 10 yrs) ?
 
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