H1b stamping on Aug 9th 2016 and petition will be expired on Sep 30 2016.

H1b stamping on Aug 9th 2016 and petition will be expired on Sep 30 2016.

In this situation can I travel to US and extend the visa on premium process. If it is possible please let me know on which date I should be on board in US and extend the visa.

  1. Which is the last date I can travel to US after I should not travel?

  2. Minimum days required to extending the visa?

  3. As I know if the petition not used(Not going to stamping).I can apply cap-exempt category for new petition . Please provide better option should I go for stamping or cap-exempt category?

4.Is there any chances ask question by visa cousulate that why you did late to get stamp?

But I got only 12 months petition validity .

You are appearing for visa stamping on Aug 9th, correct?

  1. You can enter US before your visa and/or petition expiration date. So in your case prior to Sep 30th.

  2. LCA and paperwork would require 1-2 weeks. After that employer can file for extension and you can continue to stay beyond Sep 30th. Ask your employer how much time they would need. They would have to file this prior to Sep 30th.

  3. Depends whether you would like to work for current employer or a new one. If you want to work for current one and are confident that visa would be approved through them, then go for stamping, travel to US and file for extension. If you want to change employers, then find new employer, get new cap-exempt petition, appear for stamping etc etc

  4. It may be asked. You can say that employer didn’t have openings at that time. If you are working for a desi consulting company in US, then you would have to carry project/client etc information. Is that still relevant in your case?