H1b Extension - Important Aspects

[sunandoghosh]

H1b Extension - Important Aspects

Hi Friends,
A Very Warm Happy New Year 2012 to All of You.

I would like to seek one quick clarification in content of H1B extension.

Content - My H1B visa cum Approval Notice expires this year in Sept 2012

My understanding (based on whatever I could understand from reading) is that –

1. H1B extension benefit – one can get 3 more years without applying for fresh H1B in new quota.

Pls verify whether above statement is correct or not.

2.One needs to be in USA for filing extension.
This would mean H1B extension cannot be filed from India. (I have got conflicting responses)

Pls verify whether above statement is correct or not.

3. What’s best strategy to make sure extension is dealt with appropriately?

Example:

Should I stay in USA in project till Sept 2012 or until I get extension (in case extension comes after Sept 2012)?

Or Can I go back to India and later on should come for another project to USA before Sept 2012?

Or Stay in India and get my extension filed from India (in case its possible)?

I would love to go back now to India but don’t want to do it at cost of my H1B extension.

Pls share your views. Thanks.

[apoojo]

#1 - Yes. You have a total of 6 years on your H1. As long as you have been on H1 for less than 3 years, you are eligible for a 3 year extension.

#2 - It is advisable to be on a project in the USA when you file and during the process of your approval.

#3 - Stay in USA on a project.

I am certain about my response to #1, however, #2 and #3 can have variations based on your current situation/company etc.

Good luck.

[sunandoghosh]

Thank you for your response...
The reason i am confused about point one is because my employer company is one of the top companies in consulting and they have knowledgeable immigration team and their opinion is h1b extension can be applied from India.

What makes me wonder is i have not come across a single person who had his visa h1b extended from india. Infact i have met so so many folks from different companies who always have come to usa for h1b visa extension.

Really confusing.