My H1B cap visa got approved recently. However, I only got approval till first week of Feb 2020.
Since the duration is very short, other than getting the stamping done in India asap, traveling to USA immediately, and then filing an extension with the i94 that would be still till first week of 2020, what are my other options?
Is filing an extension from India without traveling to USA not possible? If this is possible, what are the criteria to continue having the eligibility to file an extension or an H1 transfer using the cap-exempt status?
Would really appreciate a quick response due to the time constraints.
Thanks in advance!
As you mentioned, it is really short duration…the best thing to do is apply for an extension immediately in premium processing and then go for stamping with the new approval notice. That way, it will be compelling enough when you go for stamping as well.
Thanks for your reply.
My employer is requesting me to travel (of course after stamping) as soon as possible and that they will file an extension immediately after I reach the US (with the i94 date). Basically, we will have enough time to send the extension to USCIS a few days before the actual expiry date.
Although, this will be done in premium processing, the actual decision approval/denial will happen only after the i94 date regardless, this is based on the timeframe.
And because the extension would have been filed before the i94 expiry, the attorneys say that I can legally continue to work till USCIS adjudicates the case. And that I won’t be out of status cause the extension is in process & pending with the USCIS.
Do you see any problems with these 2 things?
No, I do not. What your employer said is also an option…there is nothing wrong in it.
Yes, you can file even few days before H1B expiry…
From employer’s perspective, they want to have you in US, so that they can consider investing again in extension as it will still cost them a lot of money…Nothing wrong in going for stamping too, explain the same to visa officer as well that they will file extension after you arrive in US.