Legal Question in Immigration Law in Maryland

I filed a petition for H1B in April of 2009. It was approved with the dates from 10/01/2009 to 02/28/2011. (Very strange..I must have done something wrong regarding the dates when filling out the forms)

Anyhow, I am willing to work for the same company beyond this period of time and I know I have to file for extension in order to do so.

My question is, should I file for extension this coming April so that I am not illegal from 02/28/2011 and 10/01/2011? (There would be a gap if I file for an extension April of 2011)

Or can I just file for extension shortly before it expires?

I thank you very much in advance for your response.


Asked on 1/18/10, 8:15 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

There is no need to file for an extension on April 1, 2010, if your period of approval expires in 02/2011.

I understand that your employer didn't hire a lawyer, and you - an H-1B EMPLOYEE - completed the paperwork and submitted the H-1B petition (?), and put the H-1B expiration date as 02/2011.

On the other note, H-1B is not your but your employer's petition. They should sign and submit the petition, not you.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/23/10, 9:22 pm


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