Can I get approval of H1B VISA Petiton extension from India.

Hi, My VISA expired in April 2013, now I am on I94. I94 is valid till 1st Oct 2013.

I want apply for the Petition extension, due to some personal and urgent work I have to travel India on 15th June 2013. Can I apply my petition extension from India. If I apply from can I get approval 100%. I heard that if we apply from India it is 50-50 chances to get the approval.

Please clarify my doubts, it would be very much tankful.

Thanks in advance.


Sreenivas P.

Technically, you cannot file H1B petition. Its done by your employer and they always have to do it from US. If your current H1B petition expires with in 6 months, you may ask your employer to file an extension before you leave. However, I do not think going back to India will affect the chances of approval.

Chances of approval don’t change b/w US and India. If the extension is applied and you leave US, then I-94 extension is abandoned and new 797 will not have any I-94 attached. If you use this new petition to return to US, then you will get new I-94 at PoE.

Why don’t you have it filed in PP, so that you get the result quickly while you are in India. Then appear for stamping and return w/ new extended petition to get the extended I-94?

Hi Sree,

I am in a similar situation like yours. Can you tell me your experience? Did your extension get initiated when you were in India and did you get the result when you were in India?