Travel Ban: Can validity of H1B petition be increased after this Ban?

USA H1B
#1

Hi @Anil.Gupta

I have an approved H1B petition through cap exempt valid till 07th Jan 2021. I didn’t get it stamped yet but was planning to do the same in coming days.

1.) Would I be able to get the stamping done after this order?
2.) If not, can the validity of my petition be increased keeping in mind this situation?

Trump Executive Order Suspend Immigration - Questions & Answers
#2

You can apply for a visa stamp as and when the US embassy reopens but you won’t be able to travel to the US even if the visa stamp is approved until the ban is active.

You have to apply for an H1B extension to get extended i797. There is no automatic provision of extension just because of this ban.

#3

Is it possible to get the H1B extension done in my case as I haven’t yet traveled to the US and does not even have the stamped visa. All I have is an approved petition with validity up to 7th Jan 2021. Can I still apply for H1B extension.

I don’t want to waste this opportunity. Is there any other possibility to retain the petition?

#4

Hi Anil, I’m in the same situation like Nikhil. My H1B NEW non Cap petition from India is approved until 01/15/2021. I don’t have the stamping. I have prior travel history to US.
Would I be able to apply for H1B extension? Thank you!

#5

Hi @nikhil_garg and @Ram001

H1B extension can be applied with USCIS even if you are outside the USA and never got the visa stamp in your passport.

This travel ban does not affect the petition filing with USCIS.

#6

Hi @Anil.Gupta

Can you please let me know the process for H1B extension from outside the India and when the visa is not stamped.
I am asking this because I contacted my Employer and they are saying that it can be done only once you are in US.

#7

Your employer has to apply H1B extension using form I-129 with USCIS.

#8

Thank you for your reply Anil!
I have checked with my employer as well and got the similar response like I cannot travel this year and likely have to apply for new cap exempt petition again in 2021.

#9

Hi Anil,

I will not be able to use my approved petition as it expires by 01/15/2021. As mentioned in my previous post, my petition is approved backdated from 06/15/2019 to 01/15/2021. Is there an option to file Nunc Pro Tunc(NPT) petition with USCIS and request for date change? Appreciate your reply. Thank you!