Q: H1 Extension query
This is my sister's query. Her previous organization had filed for H1B in 2007 and she had travelled to US on that H1 and stayed in US for 2 years. Post that she returned back to India and later on travelled to US twice as Dependent (H4 once and L1 dependent). While she was in US as L1 dependent she had applied for work permit and she worked in US for about 1 year. She returned back to India in Dec 2013. Now her H1 visa is also expired. She is looking to apply for H1 extension. She has stayed for only 2 years on her H1 visa. Please let me know if her H1 is still valid and if she can file for extension through a different organization.
A:
You mentioned her H1 visa has expired, how can one apply for an extension on an expired visa? She applied in 2007 and she will cap exempt for only 6 years, she can get a new H1 but she will have to go through the lottery process again. If she does not want to go through the lottery process she will have to find a job which comes under the cap exempt H1 category. All the best.
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