Regarding H1B visa petition

Hi ,

My H1B visa petition got approved in 2015-16 CAP, Now below queries I have.

  1. What would be Validity period of H1B petition,During H1B petition submission form, there is one form “Onsite manager Letter”

I have mentioned Services for the period of 2 years (From Oct 2015 to Oct 2017).

So My H1B Petition Valid till Oct 2017.?

  1. Do I need to to go for stamping before Oct 2017?

  2. If Company does not send me for Stamping till Oct 2017, Then my H1B visa would waste?

  3. If Company send for stamping on Feb 2016 then Visa Stamping valid would be till Oct 2017?

  4. Suppose after stamping I go to US in March 2016, then Do I have to return back to india by Oct 2017?

  5. I have heard H1B visa is for 3 years, In My case how it would be valid for 3 years.As of now visa petition got approved but suppose company send for stamping in March 2016 and I travel to US by April 2016,So will I get H1b Visa stamped till April 2019.?

Please answers these queries to clear my doubts.


They would have mentioned in the approval mail how long the petition is valid. You have get stamping before that date. Your petition would still be cap-exempt for 6 years even if you didn’t travel

  1. It could be same as what employer requested or lesser based upon USCIS’ review of the documents

  2. In order to enter US, you need to appear for stamping during the petition validity period. You can only enter US as long as your petition and visa are still valid on the date of travel.

  3. A different employer can file a cap-exempt petition for you, or the same employer can file for extension.

  4. Visa stamp will be issued w/ end date same as petition expiration date.

  5. An H-1 extension petition can be filed allowing you to stay beyond current petition expiration date. If nothing is filed, then you need to return at the end of petition expiration date.

  6. Extensions can be filed until you have stayed 6 years inside US. So even if you lose some time before entering US on H-1, you can recapture it during extension filing.