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H1B extension Pending 420 days

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  • H1B extension Pending 420 days

    Here is the brief of my case. Any senior member or some one who is/was in same situation, please share your thoughts/advices/experiences which would help me and any one like me a lot.

    - Applied for first extension after 3 years on July 5 2008 at Vermont center
    - I-94 expired on September 31 2008
    - Continued to work till today(September 2009) on receipt as per Attorney
    - Attorney says that upon numerous enquiries my application is under background check and it is not known when it gets attended.
    - There is no RFE or any sort of request for information.
    - My Attorney now says there is no hope at VSC and would like to file new application as CSC


    Kumar

  • #2
    They can apply for a new H1b but you would need this petition pending also to be approved for bridging the gap. If the gap is not bridged, it is considered unlawful employment and overstay. It will lead to a 3-10 year ban based on the duration.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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