How do visa extensions work?

I got sponsored for H1 B visa by an employer. The duration of the visa is one year ending in 8 months. Due to administrative processing delay, I could not meet the start date of my program. My employer cancelled my contract. However he is willing to give me the same job at the same location starting in 8 months. Can I an use the current H1 B visa stamp for extension as it will be easier than applying for a new visa?

Asked on October 29, 2011 under Immigration Law, New York


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the visa you have in your passport is still valid, you can enter the US on that visa and when the employer files an extension on your behalf, you will  not need to get a new visa in your passport if you are in the US; your status will just be extended when the petition is approved.  The next time you travel outside the US, however, you would need to get a new H-1B visa that will be tied to the expiration date of the renewal.

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