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.
1 Answer from Attorneys
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.
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