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  • H1B Renewal, waiting for Approval

    Hi Members,

    My first term of H1B is expiring in last week of Sept'2010 and already filed for an extension (by the employer) in some time July 2010 itself (normal process) till now the status is showing "initial review".

    Needs some clarifications;

    1. Incase if I don't get an approval letter before my current H1B and I-94 expires, what would be my staus?

    2. Can I stay in US, even if my current H1B and I-94 expires and till I get a decision on my renewal of H1B and I-94?

    3. Can I continue working till a decision comes on my new H1B even after the current one expires?

    Thanks a lot members....

  • #2
    You can stay and work until the petition is pending.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks a lot for the reply...

      Do this hold good if the H1B renewal filed by the same employer? or even if filed by different employer?

      Comment


      • #4
        Holds good for both. However, if the extension (bythe same employer) or the transfer (by the new employer) is rejected, then the time spent after the I-94 expiry date will be considered illegal. If the petition gets approved, then you are good.

        Originally posted by Delta29 View Post
        Thanks a lot for the reply...

        Do this hold good if the H1B renewal filed by the same employer? or even if filed by different employer?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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