Written by attorney Anu Gupta

IT Consultant returns to US 2 months before visa expires to file for H1B extension

Question. We filed a H-1B for an employee. He is in India. He got it stamped at the consulate last year but did not show up all these days. Now that his H1B is about to expire in September, he wants to come in and find a job and then apply for H1 extension. He stayed in India because he was doing his doctorate. Now he wants to come in and join the company. We may be able to place him but not so sure how soon. Should we allow him to come into the country and join us?

If it’s a YES, then can you please let me know:

1) Now that only 2 months are left, will they allow him to get in to the country at the Point of Entry?

2) Do we need to provide any special documentation for him for the Port of Entry ?

3) Can we get his an extension for his H1 in this situation?

Answer. It depends on the circumstances. Generally, if he has a stamped H-1B visa, that is not expired, he can enter the US. I do recommend that you provide him with a letter confirming employment and also confirm in the letter where he is going to work after he enters. He may also be asked why he was out of the country and should provide evidence that he was finishing his doctorate.

You should be able to file for his H1 extension as long as you can prove that you have work for him and have the ability to pay him. If he is going to provide services at a client’s location, you will need to provide evidence of that.

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