Question regarding H1B extension

USA
1

Hi All,
Need a quick suggestion & guidance. My H1B petition got approved last year in Feb’20 but due to the Covid-19 pandemic I wasn’t able to get my Visa stamped, which finally happened this year in Sep’21. But now the problem is my Visa expiration date is 31st Dec’21.
I wanted to know the best way here amongst the below two options:

  1. I file extension after reaching US?
  2. I file extension from India only?
    Please help me know what is the correct & best amongst the above 2 options?
    (My company says that I have to do it before 45 days from expiry and same I have read online also that “USCIS recommends filing an extension within 45 days of the H-1B visa’s expiration”)
    Would really appreciate if someone could guide me on the same.
    TIA
2

You can file extension of status once in the US and do premium processing to get the decision in 15 days.

3

Thanks Kalpesh, but please tell me this. If I land in US around end of Nov’21 can I still file my extension then?
Also, does landing close to the expiry date cause an issue at the POE during the Immigration?
TIA

4

You can even file 1 day before the current H1B expires however it is not recommended. The petition should reach the USCIS before the current expires.

This should not be an issue. Carry all supporting documents including the copy of complete H1B petition packet. Talk to your employer’s immigration lawyer and follow their advice.

5

You mentioned that your current H1B visa is good till Dec 31, 2021 and you obtained stamping during Sep 2021. What is the expiration date of visa stamping?

Ideally, you could have renewed your H1B visa prior to India travel so that your visa stamping could have a longer duration. Don’t worry about it. Many times, things don’t happen in life in an ideal way.

BTW: I am not sure how soon one can renew their visa paper work in the US.