You are here:

Immigration Issues/H1B visa extension stamping

Advertisement


Question
My brother is in US on H-1B since last 6 years, in May 2005 his H-1B visa expired. But before that he joined a new company who processed his H-1B extension papers. He have receipt of H-1B transfer case and his I-94 is valid till November 2005.

Following are my queries    

From what i know H-1B visa holder can stay in US for a maximum period of six years at a time; After that time they must remain outside the US for one year. Dose it applies in my brother's case?

Is it true that one must go to home country (for us India) for stamping, or it can done from Canada or Mexico?

For how long he can stay in US without taking H1B extension stamping ?  

Answer
If he has been here 6 years in H status his extension will be denied unless he has a labor certification application that has been pending for more than 1 year. Then they will give him an extra year at a time. He must go to India for his stamping on first trip out after 11/05.


Regards,


Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.