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H1 Amendment and extension pending and I 94 validity

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  • H1 Amendment and extension pending and I 94 validity

    Hello,

    My case :

    I 94 validity : November 2015
    H1b amendment applied :August 2015 - regular processing
    H1b extension applied : September 2015.


    My amendment and extension are still pending.

    My question : If i dont get a decision by November (I94 validity date), would it automatically reject H1 extension.

    I have this quesiton due to this excerpt from USCIS docs :

    "If your previously-filed amended H-1B petition is still pending, you may still file another amended petition to allow your H-1B employee to change worksite locations immediately upon your latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay. In the event that the H-1B nonimmigrant beneficiary’s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status."

  • #2
    This doesn't apply to you since both the extension and amendment were filed before your current I-94 expiry date. The following clause from USCIS is about bridge petitions. Search and read about bridging.

    Originally posted by [email protected] View Post
    Hello,

    My case :

    I 94 validity : November 2015
    H1b amendment applied :August 2015 - regular processing
    H1b extension applied : September 2015.


    My amendment and extension are still pending.

    My question : If i dont get a decision by November (I94 validity date), would it automatically reject H1 extension.

    I have this quesiton due to this excerpt from USCIS docs :

    "If your previously-filed amended H-1B petition is still pending, you may still file another amended petition to allow your H-1B employee to change worksite locations immediately upon your latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay. In the event that the H-1B nonimmigrant beneficiary’s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status."
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for you response

      Originally posted by shervin143 View Post
      This doesn't apply to you since both the extension and amendment were filed before your current I-94 expiry date. The following clause from USCIS is about bridge petitions. Search and read about bridging.

      Comment


      • #4
        In this same situation will the consider the amended application over the extension. Please note after extension the I-94 got expired. Thus the need to for looking at the old amended application still stands true ??

        Do we get an RFE if gone for premium extension ?


        Originally posted by shervin143 View Post
        This doesn't apply to you since both the extension and amendment were filed before your current I-94 expiry date. The following clause from USCIS is about bridge petitions. Search and read about bridging.

        Comment


        • #5
          Hi,
          I am in similar situation. Do you know what would happen in the below scenarios:

          H1B amendment denied followed by H1B extension approval
          H1B extension approval followed by H1B amendment denial

          Thanks


          Originally posted by [email protected] View Post
          Hello,

          My case :

          I 94 validity : November 2015
          H1b amendment applied :August 2015 - regular processing
          H1b extension applied : September 2015.


          My amendment and extension are still pending.

          My question : If i dont get a decision by November (I94 validity date), would it automatically reject H1 extension.

          I have this quesiton due to this excerpt from USCIS docs :

          "If your previously-filed amended H-1B petition is still pending, you may still file another amended petition to allow your H-1B employee to change worksite locations immediately upon your latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay. In the event that the H-1B nonimmigrant beneficiary?s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status."

          Comment

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