New H1 Approved for 1 year. What are my possible options?


I got my FY13 New H1B approved after a 2-RFEs roller coaster ride. And things haven’t turned very positive even with the approval. The approval had unfortunately come for only a year. The 797 wud be expiring by March 1st week 2014.

I checked with my employer. He said there’s nothing to worry and he can file an extension as soon as I go there (I am in India now and have never travelled to the US before). I am not too sure of it though. I have very little faith in the employer. So, I have a few questions. Just a few :D.

1.) How difficult is an extension for a new 1 year approved H1B?

2.) If I get a H1 transfer done after I come there to the US and if the new 797 is valid till some date in 2016, Do I have to go outside US and get it stamped with the new employer?

3.) If my current employer files and extension and it gets approved, should I have to go outside US and get it stamped again?

4.) If both 2 and 3 happen, as in my current employer files an extension and I get my h1 transferred, do I have a choice of choosing between the 2? Also, would there be any complications in such cases of transfer + extension?

  • HeMan

You seem to be a noob to H1B, the way i am :). Please take some time to read the posts,QA forum. You might find suitable answers to your questions.

Let me try to answer a few to the best of my knowledge.

1.It is not difficult to file H1B extension if you have a valid case. Also it comes under cap exempt.

2.No you need not go out to get it stamped again.


4.I am not very sure about this. But AFAIK, you have the option to choose.

You don’t need to get visa stamped until you travel outside US next and assuming your current visa stamp has expired.

If you end up w/ petitions from both old and new employer, you can decide to stick w/ either and resign from the other.