H1b approved for 2 months - file another extension from India?

USA
1

@Anil.Gupta please pour your suggestions/expertise in my below situation

I am presently in India and my employer applied for my h1b petition (cap exempt I140 approved from prev employer). The h1b petition got approved,however only for 2 months from july 2019 to sept 2019.
My employer has asked to get the stamping done and travel asap and then apply for extn from USA.
Reason for 2 months approval is that SOW ends in sept 2019.
we are trying for stamping but at present the earliest dates availability is pretty much challenging.
Can we file a new petition again from India before the expiry of the present petition?
What are my options?

2

Hi @Saili_Desai

You can file a new H1B extention from India.

3

@Anil.Gupta
By extension you mean a fresh petition correct? Because extension option is available only once a person is in US , if am not wrong.
Secondly can this petition be filed before my present one expires ie beforw sept 2019?

4

The application is called the same ‘extension’ in both cases.

You can file it anytime you wish. It is not necessary to file it before current one expires as you are currently outside US.

5

@Anil.Gupta
So you mean we can file i539 (extension) from india as well? Maybe i am a little confused here. Can you please help me understand as to exactly how the extension can be files from india?
Thank for your quick replies though

6

You have to file H1B extension using form I129 and not I539.

I539 is for H4 dependent extension when you are physically present in US.

7

So there can be a case wherein:

  1. my current petition approved till sept 2019
  2. employer files for extension before sept 2019(in case new SOW is received)
    So like 2 petitions in parallel. This is possible?
    Also if we get stamping done for the present approved petition and later extension also get approved, then at that time we can use the dropbox option right?
    Sorry for so many questions. Really confused
8

Hi @Saili_Desai

Why would you have two applications in parallel?

When you employer files an H1B extension, they will request the ‘start date’ as the date after your current extension ends.

You will have to get a new H1B visa stamp after getting the new approval if you have not traveled before the current one expires.

You may be eligible for dropbox based stamping if you qualify.

9

Ok i got it.
Can the extension be filed after the expiry of the present petition as well? I mean it will still be an extension and not a fresh petition right?
I am just checking the various options here.

10

@Anil.Gupta
Thanks for all your help.
If i get my visa stamped and travel by end of Aug or beginning sept having just a month for my visa to expire

  1. is it recommended to travel for such a short time?
  2. could there be any problems at the port of entry ?
11

There is no issue in traveling to US with short H1B visa approval as long as it is valid on the day of entry.

12

@Anil.Gupta
Hello
My LCA and I129 have same client location address.but later my client changed the work location address. Its just a change in street address, city state and zip code all being the same. This new address is mentioned in the client letter. I filled my DS160 using this new address as work location. Now i am worried, if there would be any issues

13

My visa appointment is already scheduled for monday, so i cannot even change the ds160 form.