H1B renewal outside US?

Question

Hi,

I have a valid H1B-visa which expires in Feb 2009. I have returned back to India from US in June 2008. Is it possible to apply for an extension of my H1B work permit while I am in India or do I have to be in US to file for an extension.This will be my first renewal. Also let me know the processing time required for H1B renewal ?

Thanks

Sid

Answer 1

For your company to file for an extension of stay, you must be in the U.S. For your company to file for an extension of the validity of the petition, you do not have to be in the U.S.

It is your company, not you, that must apply for an extension of the H-1B petition. If your H-1B visa is valid until Feb 09, then your petition must be valid at least that long, maybe longer.

Are you going to need an extension beyond Feb 09 because you will be outside the U.S. until a date after Feb 09? If not, you can return to the U.S. to resume your H-1B status anytime before Feb 09.