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Old 17.05.2017, 13:41
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Advice needed on US visa H1b

Hello friends..

So long story short. I got my US H1b in Oct2012, I went to US in mar2013 due to project issues.. I stayed there for almost 2yrs until I had to go back to india personal reasons in April 2015. After going back I switched projects and then I got another opportunity to come to Zurich.. I was confused as to what to do? Bcoz I was planning to go to US in jan16. But then I chose Zurich and came here in Jan after all visa process and other personal stuff was over. I am in Zurich on L permit. For I stay n work here for 2yrs now. But I wish to go back to US once I return from here.

The problem is that my US visa extension finishes in Aug-17. Is it possible to get my visa extension done from here itself? So that I can go directly to US?

Or is there any way to extend my visa here in Zurich ? Would resquest proper guidance on this issue? Also if you know any consultant who can help me in this regard then I'd be grateful.

Thanks,
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Old 17.05.2017, 16:10
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Re: Advice needed on US visa H1b

First, since we are dealing with US, a disclaimer : I am not a visa attorney, and all advice / information given here is based on my personal experience and may or may not apply to your specific case. So use it at your own personal risk.

ok, now that we have the legality aside - Since you left US, how do you still have a valid H1B? It is tied to your job and once you left the US job and US residence it expires. Are you sure it is still valid?

If you are going to be employed by an American company, and your H1B has expired, then you will need a new one. You can apply for this in Bern with proper documents from American employer and will go into the H1B lottery system. You cannot get H1B visa without sponsorship from a company.
Even extension requires proper proof of employment though then you don't have to go through lottery system. You can apply for that also in Bern.
The US consulate at Bern can also advice you if they require you to go back to your country of citizenship for final stamping or not. That rule is not always clear.

Hope this helps.
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Old 17.05.2017, 18:26
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Re: Advice needed on US visa H1b

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ok, now that we have the legality aside - Since you left US, how do you still have a valid H1B? It is tied to your job and once you left the US job and US residence it expires. Are you sure it is still valid?
.
Yes my visa is valid.. I have not changed companies. I am working for the same company only the location is different. I have my US visa and other related documents with me.
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Old 17.05.2017, 19:25
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Re: Advice needed on US visa H1b

H1B visas can only be extended for 3 years, i.e. 3 years original and then 3 years extension - total 6 years. After that you have to wait a year before you can apply again.

"Duration of stay[edit]

The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances:
If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence. This is backed up by the Immigration and Nationality Act 106a).[10]
If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. This exception originated with the American Competitiveness in the 21st Century Act of 2000 section 104a (AC21 104a).[10]
The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

A time increment of less than three years has sometimes applied to citizens of specific countries. For example, during her time as an H-1B visa holder, Melania Trump was limited to one year increments, which was the maximum time allowed then per H-1B visa for citizens of Slovenia, which Melania Trump was then a citizen of.[11]

H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years.[12] Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist."

https://en.wikipedia.org/wiki/H-1B_v...ration_of_stay

I believe tulika may be right on your status though since you aren't living and working in the US currently. I would check with US immigration to make sure. No good believing you'll be let back in on the visa if in fact it's invalid. The portability mentioned above would I think only apply if you get a new job in the States with a US employer while you're living and working there.

I would guess that otherwise it works the same way the Swiss permit does if you don't deregister here properly. An L permit expires after 3 months out of the country, no matter what time may be left on the permit.

As for extending the permit here, that's something your employer will have to apply for. You can't do it yourself.
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Old 18.05.2017, 10:52
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Re: Advice needed on US visa H1b

I also moved to Switzerland with the same company but my H1B expired as soon as I stopped being employed at the US office of the company and took up Swiss visa/residency. So unless you managed to make some special arrangements like staying employed at US office and "visiting" India / Switzerland, your H1B has expired.

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Yes my visa is valid.. I have not changed companies. I am working for the same company only the location is different. I have my US visa and other related documents with me.
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