Extension

H-1B Petition for Extension

When should my H-1B petition for an extension be filed?

An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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B Visa Extensions

Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied? Q2. What is recommended, he leaves immediately or waits until his extension decision comes?

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Anitha, United States

Name: 
Anitha
Nonimmigrant Visas: 
Country: 
United States
Comment: 
My mom lost her extension approval letter and couldn’t board the flight from India because airline authorities said that letter is required. Thank you Mr. Khanna for your suggestion of contacting my area congressman to get the details of missing extension approval letter. That was very helpful and I got those details. I have all the information to file I-824 to get a copy of extension approval letter.

H-1 Concurrent Employment

If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1B Extension

We were retained to file H-1B extension for the job title of Manager, HR and Training Operations [SOC (ONET/OES) Occupation Title of 11-3131 Training and Development Manager]. USCIS questioned that the job does not qualify as specialty occupation because the position falls within the category of HR Managers, and, as such, no specific degree or education is required to train for the position of HR Manager.

Profession/Occupation: 
Nonimmigrant Visas: 

Guestbook Entry for Shri, United States

Name: 
Shri
State: 
NJ
Nonimmigrant Visas: 
Green Card: 
Profession/Occupation: 
Country: 
United States
Comment: 
I have taken immigration services from Rajiv S. Khanna and his team for H1 extension and GC processing. Their service is excellent and timely. Thanks a lot Rajiv and your team for all efforts in making me Green. I will truly recommend them to my friends.

Guestbook Entry for Sonny Rafiq, United States

Name: 
Sonny Rafiq
State: 
CA
Nonimmigrant Visas: 
Country: 
United States
Comment: 
Rajiv Khanna law firm did excellent job for my wife and my son H4 extension case. Rena Wadell assist and help us preparing the application and finally we got approval letter in 3 weeks. Thanks for your excellent service.

PERM Audit & H1 extension beyond 6 yrs

My employer applied PERM (in 6th year) in October 2011 EB-2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents. I am already in 6th yr and my H-1 get expired by May 22, 2012 is it possible to go for H-1 extension beyond 6th year while PERM is still in Audit status.

You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 transfer during pending extension

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Marites de Luna, United States

Name: 
Marites de Luna
State: 
NC
Nonimmigrant Visas: 
Country: 
United States
Comment: 
If you will ask me what is the definition of the word HOPE, the first thing that I will definitely remember in my lifetime is Atty. Rajiv. I have asked numerous lawyers who can fix my case which was messed up by incompetent lawyers and they all told me the same thing, HOPELESS[b].[/b] Atty. Rajiv and his team, specifically Atty. Jagbir,  literally saved my family’s future! We have been subjected to a 10-year bar but because of Atty. Rajiv’s ingenuity, we were able to escape the impossible. He is a[b] [/b]miracle worker. No adjective could ever describe the way we feel right now. We were finally granted our extension of stay which had been countlessly denied. His staff were very kind and accomodating, they were able to understand what we were going through at that time that they were very sensitive in answering all emails, calls and questions that I had. We are now in the process of filing our greencard and I am very optimistic that everything will now run smoothly since Atty. Rajiv is our “superlawyer”.  I have learned my lesson, no one could ever have done it best but Atty. Rajiv. My heartfelt gratitude to you and your staff! God bless all of you!!

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