H1b Petition and Visa both expires in next 46 days

Hi Sourabh

I am currently working in india in Company A which filed my H1b petition and got it approved for one year(end date of petition is 14-Oct-2013).After interview my case went in Admin Processing but yesterday AP cleared and I got my stamped passport. Visa start date is 27-Aug-2013 and expirey date is also 14-Oct-2013.

Below is my question.I request you to please help me.

  1. My company A is saying that this Visa cannot be utilised as you have to be in US for atleast 60 to 65 days for filing the extension which is not possible in my case.

Is it correct? If not then what is the minimum days I have to remain atleast in US for succesful filing the extension.Also how many days does It normally take in extension approval?

  1. With the currrent situation can we file the petition extension from India and if approved before my Visa expiry date then travel is possible.If approved after visa expiry date then can I go for stamping again?

  2. Can I say to My company A or any other company B to file a new H1B petition for me with current situation I am.(Situation means I am having H1B visa valid till 14-oct-2013)? My understanding is My new petition will be cap exempt irrespective of my Company A or B willing to file.


best course for you is to file a CAP exempt H1B in premium processing. Enter US with Stamping form previous company. You will get I94 with new petition expiry date

Can I file CAP exempt H1B in Premium processing in India and then when approved I should leave USA with previous valid Visa? Or after reaching USA I should file CAP Exempt H1b through premium ?Please suggest

As your employer said you need atleast 60 days for filing H1B. so I would suggest apply for h1 transfer in India