H1B Extension for an expired petition and visa not stamped

Hi Team,

My H1B petition was approved on Jan 2011and expired on April 2013 (didnt go for stamping)

Is it possible for me to apply for an extension now with the expired petition during any time of the year? How much this will cost?

Or a new petition has to be filed under cap-exempt category? How much it will cost for filing a new petition under cap-exempt category?

Please advise.

Thanks in advance

Only an employer can file for extension. It can filed anytime within 6 years of original approval date. It will be cap-exempt.

If filed by same employer, it will cost around $325. If filed by new employer then it can anywhere b/w 1500-4000 USD. Neither cost include attorney fees. As always, these fees need to be paid by the employer.

Thanks for your response Saurabh.

My employer is happy for applying an extension.

Can this extension filed when i am in India itself? Also whether a new petition(cap-exempt) has to be filed for this extension?

Please advise…

Yes, it can be done while you are in India. They have to file I-129 and mention that it’s a cap-exempt petition in that doc.

Thanks Saurabh.

Another doubt here is even for an extension (for an approved petition but not stamped) do we need to file a new petition? And cost for this new petition for extension is $325? Is my understanding correct?

Yes, that’s the cost if it is filed by the same old employer. If it’s a different employer then the cost can range from 2000-4000 USD.

Hey Saurabh,

You have said extension can filed anytime within 6 years of original approval date.

Is it within 6 years of original approval date or recent approval date

6 years from most recent H-1 approval date. You have only 1 H-1 petition w/ start date of Jan 2011. So it will be 6 years from that day.