H1B Visa Late Stamping

USA H1B Visa
1

Hi , could any one please help in answering my doubts

My Petition got started in Sep 2020 and Ending in 2023. I got my H1B Visa stamped in Feb 2023 and valid till Sep 2023. You may ask why so late …there were several reasons…1. Two years covid ban 2. Unavailability of slots and few personal reason for 3 months … so total delay for stamping was 2 years 3 months. Now I have only 7 months of H1B visa stamping.

Q1. What are my chances of getting extension filed? i.e., by when max i should be travelling. What exactly is the process of extension considering my tight timeline.

Q2. What happens if there is delay in travel ? What are possibilities of file extension?

Thanks a lot for help in advance.

2

You need to travel before your H1B visa expires. Once in the US, your employer can file extension of status within 180 days of expiry of current petition.

If you are unable to travel before your visa expires, your employer will need to file a new cap-exempt petition. Once approved, you will need to go for visa stamping and once visa is approved you can travel to the US.

3

Thank you kalpesh. One doubt further to clarify…is the 180 days mandatory to file extension? For example if I travel by June 2023 which is prior to expiry of visa which is on sep 2023, then I cannot file extension petition ? Thanks for help in advance.

4

Extension can be filed within 180 days of the expiry of existing I-94.