Immigration Issues/H1 extension


Hello Mr. Krishnan,

I had H1 visa and it got expired on 30th September 2008. But before it expired I applied for H1 extension. Now the situation is that because of family problem I came back to India on 24th September 2008. I am still in India (as of 17th October 2008) and I am waiting for approval of my H1 extension.
Do you think US immigration will approve my H1 extension?
In case if they approve my H1 extension then what all documents I need to take Indian embassy for stamping? (I am in Mumbai).

Another problem is that I donít have a Job in USA and because of that my pay stubs are generated from October 2008, do you think Pay stubs will be a problem at the time of stamping?

My another question is How much time it will take to approve or reject H1 extension?

I am desperately looking for an answer here, I would really appreciate your reply.



When you get the extension approved and your employer still has a job opening, you need to apply for a H visa.  You need to take the documents that you took the first time when you applied for the H visa. Since you are not in the US since Sept 2008 you need not show paystubs after that date. It is taking around 3-4 months for processing the H application.

Best of luck.

Ramasamy Krishnan  

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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