Admin processing pending,though my petition will expire soon

USA H1B Visa
1

I appeared for interview on 28 March 2013 and got a white 221(g) slip.My petition expires on 14 Oct,2013(My H1B is valid for one year only).My current status is still in Admin Processing…

My question is

1)What will happen if Visa Officer tries to make a stamp on my passport after h1b petition expiry?

2)Can I request my employer to extend my petition validity before actual expiry date mentioned in my petition.

3)I have just approx 65 days left from today to expire my H1B petition validity.What are other alternatives that I should follow during these remaining(waiting) days to extend me petition.As it seems that Visa Officer takes much time to clear the AP blocking and till then my petition will expire.

2

  1. They will not. They will most likely return the papers asking for proof of extension.

  2. Yes, they can file for extension even before the expiration date.

  3. Ask your employer to file the cap-exempt petiton (extension) for you. Once approved, submit it to the consulate telling them to consider the new petition expiration date. Talk to your attorney as well about this.

3

Thanks Saurabh