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Immigration Issues/H1B extension and visa stamp

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Question
Hi Ajay,
 I have an H1B visa stamped which is valid till June 2012. I have not traveled to US in this visa. Because of some personal reasons I will not be able to travel within this period. I am still employed with the same employer who filed my H1B. Please let me know whether it is possible to get this H1B extended while in India.
If not, please let me know how i can get a new H1B visa for me.(ie:- whether i have to go through the usual H1B processing by filing for the same under the H1B cap).

Also, please let me know whether there is any impact if I apply for an H4 dependent visa before applying for the H1B extension.

Answer
Hi,

Your employer would file an H1B petition with the USCIS. You will not be subject to the visa cap.

Upon approval (typically about 4 months), you can then obtain a new H1B visa stamp at a nearby U.S. Consulate. No application is to be filed for your family with the USCIS. Your family can apply for H4 visa stamp directly at the Consulate when you obtain new H1B visa stamp at the Consulate.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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