I worked in the U.S. in H1B status for a few months. When COVID began, my employer allowed me to go back to India to work in the same position from there. My H1B expires at the end of September, but I am hoping to keep working in the position from India for the foreseeable future. Can my employer extend my H1B while I am still in India? Also, does the extension have to be filed before the end of September?
27 Jan 2022Answer
Ordinarily, if an employee is abroad, the employer may file the H1B extension for consular notification. In that situation, the USCIS can approve the petition, but will not issue a new I-94. Instead, once the foreign national enters the U.S. with the approved petition (and valid H1B visa “stamp”), the I-94 normally would be issued by a CBP officer at the U.S. port of entry.
In a situation where the foreign national is outside the U.S. and is not expected to return in the near future, there is typically no need to file the extension prior to the expiration date of the existing petition. (26.Jan.2022)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved