H1B petition expiring on 30th Aug 2013


My H1B petition was approved in September 2012 and is expiring on 30th Aug 2013. My employer is sending me USA and I completed all formalities(including completion of DS160 and LCA transfer is also approved) but Immigration department disclosed at last moment that I need to file for H1B petition extension under cap-exempt and only after getting extension I can go for visa stamping.

Is it true? or is it possible that I go for visa stamping and file for extension in parellel ?

In that case will US embassy allow for visa stamping or ask me to file for extension first ?

Please advise.

Thanks and regards


Your immigration department has valid concerns.

If you go for stamping now, the visa will be stamped until Aug 2013. And extension needs to be filed in either case. So they want to file the extension first, and then send you for stamping so that you get visa stamp until the new duration.

Again, it is not mandatory to have extension prior to stamping, but it may help in the long run as it will result in extended stamping validity date. If you have urgent need to travel, then you and your manager need to discuss the alternatives w/ the immigration dept.

Thanks Saurabh, One more thing…If my petition is expired due to some reasons then what will happen…Can I still file for extension under cap-exempt ? Please reply.