Queries on H1B extension and stamping

D

dolly2004

Registered Users (C)
Here is my query:---------

My H1B expired on April 2006 and now I am on extension.My extension is till May 2008. Now I am transferring my H1B to another employer. I just wanted to know can I get a second extension from here without stamping the H1B of the new employer(in case I don't go back to India in between).

To stamp it in India can I take a date from here? What is the procedure?

Another query:------------

Can I stamp it from USA?
How can I stamp it from Canada(I don't have a Canadian Visa)?



Thanks in advance for all your help.
 
dolly2004 said:
My H1B expired on April 2006 and now I am on extension.
My extension is till May 2008.
Now I am transferring my H1B to another employer.
I just wanted to know can I get a second extension from here without stamping the H1B of the new employer(in case I don't go back to India in between).
----------------------- you are changing employer by H1 transfer. once new employer file H1 transfer you can join new employer once new employer gets H1 trasfer filing reciept or any evidence that petition reached USCIS. through your new employer you will get H1 approval notice with I-94 attached with H1 approval and you can remain and work in US till I-94 expiry date, you dont need Visa stamping with new employer name. Visa stamp is just for entry to US. if you go out of US you need to get H1 stamping as your visa stamp expired in April 2006
To stamp it in India can I take a date from here? What is the procedure?
------------ go to US consulate site and read. you did not post where you will get Visa stamp in India. Delhi, Mumbai, Chennai????
Another query:------------

Can I stamp it from USA?
-------------NO
How can I stamp it from Canada(I don't have a Canadian Visa)?
--------many are getting from Canada or Mexico you need to take appointment from US consulate in Canada. you can get Canada visitor visa from any Canadian consulate in US.You may need H1 appointment receipt with US consulate in Canada, go to your nearest Canada consulate site and find the requirements for Canada visa
Click to expand...
 
Thanks a lot ginnu for your clarifications.

I'll be getting it stamped in Kolkata.

Another thing that I wanted to know is that I am on extension and after expiry of my current I-94 can I apply for another extension?

Please help.
 
dolly2004 said:
Thanks a lot ginnu for your clarifications.

I'll be getting it stamped in Kolkata.
- go to US consulate Kolkata and find the info
Another thing that I wanted to know is that I am on extension and after expiry of my current I-94 can I apply for another extension?
----------- if your extension is based on pending LC more than 365 days you can get extension if that LC is still pending at the time you file H1 extension. if you get your I-140 approved you can get 3 year H1 extension. you did not provide your case details and all depends on particular case details
Please help.
Click to expand...
 
My case is--------------

I am here on H1B only. I have not filed for GC. Right now I am on extension till may 2008. If I don't go to India or any country in between for stamping then can I file for another extension in may 2008.

thanks.
 
dolly2004 said:
My case is--------------

I am here on H1B only.
I have not filed for GC.
Right now I am on extension till may 2008.
----------- you will not get H1 extension after 2008 or when you hit 6 years on your H1. if you want extensions let ANY employer file LC for you(first step of GC). for extension after 6 year you need LC pending more than 365 days o

If I don't go to India or any country in between for stamping then can I file for another extension in may 2008.
-------------- if you have valid I-94 attached with your H1 extension approval then you dont need Visa to be stamped but if you go out of US then you need H1 visa stamp to enter US
thanks.
Click to expand...
 
Let me put the question more clearly and see what the answer will be.

My H1B expired in April 2006. I have filed an extension. The petition is pending now. Can I file H-1B transfer to a new employer during the extension case pending? How shall I do?
 
H1 Pending

immiq said:
Let me put the question more clearly and see what the answer will be.

My H1B expired in April 2006. I have filed an extension. The petition is pending now. Can I file H-1B transfer to a new employer during the extension case pending? How shall I do?
Click to expand...

Hi,

If your H1 expired in April 2006 you must have applied for an extension earlier than this (about Feb/Mar.'06) and it must have been approved. Why is it pending for so long 4 -6 months. Something is amiss here. Would you mind calrifyin this.

---- Yes, You can transfer to a new employer with a H1 transfer (nothing different from extension - same fees and same paperwork) while your previous H1 petition is pending. The new employer has to apply for it and quote the EAC # from the previous H1 approval notice.

Hope this helps

Subramanya
 
subramanya said:
Hi,

If your H1 expired in April 2006 you must have applied for an extension earlier than this (about Feb/Mar.'06) and it must have been approved. Why is it pending for so long 4 -6 months. Something is amiss here. Would you mind calrifyin this.

---- Yes, You can transfer to a new employer with a H1 transfer (nothing different from extension - same fees and same paperwork) while your previous H1 petition is pending. The new employer has to apply for it and quote the EAC # from the previous H1 approval notice.

Hope this helps

Subramanya
Click to expand...
Seems you try to help someone out. I do not know whether his H-1B extension has been approved or not when he is transferring his H-1B to another employer. But, the original question said, “My H1B expired on April 2006 and now I am on extension. My extension is till May 2008. Now I am transferring my H1B to another employer.”

Back to the question. You answered, “Yes, You can transfer to a new employer with a H1 transfer (nothing different from extension - same fees and same paperwork) while your previous H1 petition is pending.”

Does the new employer need to mention the pending extension case when filing the new H-1B transfer? Will the pending case have any effect on the new H-1B transfer?
 
H1 Extension

Seems you try to help someone out. I do not know whether his H-1B extension has been approved or not when he is transferring his H-1B to another employer. But, the original question said, “My H1B expired on April 2006 and now I am on extension. My extension is till May 2008. Now I am transferring my H1B to another employer.”

Back to the question. You answered, “Yes, You can transfer to a new employer with a H1 transfer (nothing different from extension - same fees and same paperwork) while your previous H1 petition is pending.”

Hi,

Does the new employer need to mention the pending extension case when filing the new H-1B transfer? Will the pending case have any effect on the new H-1B transfer?[/QUOTE]

---- Yes, the new employer has to mention the pending extension and NO, it does not have an effect on H1B transfer unless there is some legal issues

I understand your question as follows

My H1B expired on April 2006 and now I am on extension.My extension is till May 2008. (Employer A - right)

Now I am transferring my H1B to another employer. (Employer B - right)

---- Are you transferring from employer B to employer C within this period of validity till May 2008? Then yes, you can transfer but your validity will end in May 2008. After this period you will not be given extension unless your GC is in process for more than 365 days

I just wanted to know can I get a second extension from here without stamping the H1B of the new employer(in case I don't go back to India in between).

---- As written above, you can get a second extension (upto May 2008 only) within US from USCIS without H1 visa stamping (in the event that you do not visit India or any other country outside of North American Continent i.e. US, Canada and Mexico)

Hope this helps. Want more info. visit the forum and bullet your questions as 1,2,3 without clubbing them

Subramanya
 
Hey, what do you mean by clubbing them. clubbing who, what and when? Are you hurt? Where?
You answered, “Yes, the new employer has to mention the pending extension and NO, it does not have an effect on H1B transfer unless there is some legal issues.”

But I head the difference. When one extension case is pending and the second H-1B transfer has been filed, the first pending case must be approvable before the second case can be granted unless your I-94 is still valid. So, yes, the first pending case has the effect on the second one. It must be approvable. The INS has clarified such a case as a bridge. Try to answer it better if you want to help someone out.
 
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