H1B Extn Delayed , Labor Approved

[maddy79]

Hello,
I got my Labor Approved last March 2010 and my I140 was filed in July 2010 in TSC. 140 is still pending approval.

My H1B Extn was also filed in July 2010 in VSC.

My I94 expires on 25th March 2011 and that completes my 6 years. My H1 extension is still under 'Initial Review". No RFE's yet.

Questions:
1. Does H1b processing non-premium take so much time these days?
2. Am I in a safe state after March 25th 2011 - even though my H1b extn is not yet approved.
3. What if my H1B extn gets denied after 25th March 2011? Do i need to leave immediately, if so when?
4. Will premium-ing the H1B extn now cause unnecessary problems like RFE etc?
5. What should I do now? Should i be worried at all?
6. I do not have any documents with me proving my Labor approval, do i need to keep some for my records?

[shervin143]

1. Does H1b processing non-premium take so much time these days?
>>> Usually it will take 2-3 months. If it is over 90 days, the company attorney can take an infopass appointment with USCIS to discuss the case. It is unusual it takes so much time. Either ask your attorney to talk to USCIS or upgrade the case to premium.

2. Am I in a safe state after March 25th 2011 - even though my H1b extn is not yet approved.
>>> If the extension gets approved ultimately, then you are safe. If it gets rejected, then the time spend in U.S after the I-94 expiry date will be considered illegal. That can impact your GC process.

3. What if my H1B extn gets denied after 25th March 2011? Do i need to leave immediately, if so when?
>>> You need to leave immediately. Each day you spend in U.S after the I-94 expiry date will accumulate your illegal stay.

4. Will premium-ing the H1B extn now cause unnecessary problems like RFE etc?
>>> No.

5. What should I do now? Should i be worried at all?
>>> It is high time you speed up the process. Either ask your attorney to check the staus with USCIS. They should have done it when it was over 90 days. Or ask them to upgrade to premium.

6. I do not have any documents with me proving my Labor approval, do i need to keep some for my records?
>>> There is no documents for labor. Once I-140 gets approved, you can ask a copy of it from your employer.

[maddy79]

H1B Extn Delayed , Labor Approved

Thank you Shervin.

I understand that if it gets denied, then i will have to leave immediately, but if there is no progress, then isnt there a time limit like 180 days or something that i can stay after the I94 Expiry since my H1B extension is still in Process.


What i understand is, even though the Labor is approved it has no significance in my being in the country, its the I94 that decides it?

My attorney was concerned that if we process premium now it could cause unnecessary RFE's to slower down the process. I am