Can i apply for H1B extension after Visa is expired ?

USA H1B Visa
1

Hi,

I have my H1 B visa expiring on 13th Sep 2013 and I94 expiring on 23rd Sep 2013. I reached US on 25th June 2012, if i travell back to INDIA on 23rd Sep 2013 without applying for extension can i apply fo rextension afther an year or so or should i apply for New H1B visa ?

2

It will be a cap-exempt petition which will not be subject to cap. It can be applied even after returning to India after few months. It can be applied as late as 6 years from the date of leaving US (i.e. last day of your H-1 status).

3

Thanks Saurabh for the information… Is tere any elgibility criteria to apply for CAp-excempt petition ?

4

You need to have an approved petition within last 6 years for cap-exempt petition to be filed.