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Question About US Visa Extension Processing Time

George asks…

H1 extension questions?

Currently I am holding a valid H1B visa till September 2010.

Q1) When should I or my employer should start filing for next extension?
Q2) Is there any chances of rejection? If so, what would be the possible reasons?
Q3) If my extension is approved? How many years of extension would it be? Is it standard 3 years or it can be less?
Q4) when i get the extension, Do i need to go out of US for stamping or can i work here with just the approval as my VISA was stampped till Sep 2010 only.

Thank you in advance.

Best Answer:

Q1-File the petition as soon as possible before an extension of stay will be required. If the petition is not submitted at least 45 days
before the employment begins, petition processing and
subsequent visa issuance may not be completed before the
alien’s services are required or previous employment
authorization ends. Six months before expiration would be smart.

Q2-Of course. You can never presume an approval. If it is determined that you no longer qualify as an H-1B, they are not going to give you an extension.

If you fail to provide either a new or a photocopy of the prior certification from the Department of Labor that the petitioner continues to have on file a labor condition application valid for the period of time requested for the occupation, you could be denied.

Q3-An extension of stay may be authorized for a period of up to three years for a beneficiary of an H–1B petition in a specialty occupation or an alien of distinguished merit and ability. The alien’s total period of stay may not exceed six years.

Q4-You can only get an H-1B visa stamped in your passport outside the U.S., but you do not have to leave if the extension is approved. A visa is only used to apply for admission. It does not determine length of stay.

Posted From Yahoo! Answers (for informational purposes only)

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