Legal Question in Immigration Law in Connecticut

need to file h1b extension

hi

my initial h1b is expiring on sep 30 2009...

how soon i can file for my h1 extension..

can i go for my h1b stamping, with my new approved petition, even though the old one is valid until oct 2009..


Asked on 2/06/09, 8:51 pm

5 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: need to file h1b extension

You should not do this alone an experienced Attorney helps the process along, if in Southern California contact us. We do not charge for initial consultation.

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Answered on 2/09/09, 1:44 pm
Michael Cho Law Offices of Michael Cho

Re: need to file h1b extension

You should file for the extension now.

Comprehensive information can be found here:

http://www.msclaw.com/H1_B_Professional_Visa.html

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Answered on 2/07/09, 8:15 am
David Nachman Nachman & Associates, P.C.

Re: need to file h1b extension

You can file for the extension 6 months before the expiration of your status. Once you have the approval of the extension then you can schedule a time to visit a Consulate outside the U.S. to get a new visa stamp. You may want to be looking at scheduling this appointment (at the Consulate) close to October 2009.

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Answered on 2/08/09, 4:53 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: need to file h1b extension

Hi back,

I've been sick or would have responded earlier.

You can file an extension anytime. Yes, you can get a new visa ("stamping") even though your old visa is still valid. You don't have to get a new onem though. I can explain how you continue to use the old visa with the new employer.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/10/09, 4:04 am
Larry L. Doan Law Office of Larry L. Doan

Re: need to file h1b extension

I would say three months before expiration is sufficient. Currently, California Service Center, for example, is taking about two months to approve H-1B extensions -- it will probably be about the same speed by summertime. As long as an H-1B extension is filed prior to the expiration date, you are not out of status while the extension is pending approval.

If you do not intend to travel, you do not have to obtain a new H-1B visa in your passport while you remain in the US beyond the visa expiration in Oct. 2009. However, if you do travel after that date, it's best to obtain a new visa at the US consulate in your home country. You could do third-country processing such as in Mexico or Canada but it's not as certain.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 2/07/09, 2:35 am


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