H1B Extension Status Issue

[bgandru]

Hi,
I have unique problem as
My company has applied My H1 B extension on Aug 24th/2011 and the next day in USCIS site status shows as :-

On August 25, 2011, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because the application or petition was not signed. Therefore, we have rejected your case and returned it to you, including all supporting materials. Please review the instructions on the rejection notice you received prior to re-submitting your case.

USCIS have en cashed amount on 29th of Aug. But we have not received any documents to resubmit to USCIS again.

I am not seeing any updated status in the USCIS site and my visa and I-94 got expired on Sep4th a week after i apply extension.

My concern is how long i can stay in US after the I-94 expired and H1b status is not updating. It shows as rejected.
Now i have already stayed 55 days.

[ThePoster]

I think you are already Out of Status. What that means is you are staying in US as an Illegal Immigrant. My view is you should leave the Country ASAP and ask your friend or neighbour to send the documents to your Indian address.
Your case is an extreme case. Please be careful.

I am not an expert, but please wait for Sherwin or Kabkaba's response.

Good Luck.

[shervin143]

Ask your company attorney to follow up with USCIS immediately. If your petition was rejected, then your stay past the I-94 expiry date is illegal. The employer or the attorney who filed the petition should have received the rejection notice. Get a copy of the I-129 filed from your employer and check the address on it.

[bgandru]

Thanks For the reply and my company has not yet received the rejection notice.

My company informed me saying that they have opened a Case with USCIS and following with that.

My Receipt no is this for My H1B Extension - EAC1123751771

Can any one review the status and let me know is it Rejected?

[shervin143]

If you have not received a receipt notice all these days, then ofcourse it has been rejected. The online status states the same.

[bgandru]

Thanks for the reply.

But my company has not received any rejection notice saying that i can not work here and should not stay any more In USA.

My company is saying the They have deducted the money on 29th of august. But in USCIS site shows its rejected on 25th of August. is there any possibility after rejection they should not encash money.

My company has opened a Case with USCIS for this issue and they have informed me till we receive the update from USCIS current stay in US will not be an issue.

please give me some suggestions to what to do now. I am working for Wipro.

[shervin143]

Sometimes errors do happen at the USCIS end. It is hard to comment without knowing the facts. Like I lmentioned in my previous reply, try to get a copy of the form I-129 and see if there are any signatures missing. If yes, then the message in the online case tracking is correct. There are possibilities that the online information is wrong. But if the information in the online system is wrong, then you should have received the receipt notice by now. Anyways, contacting USCIS is the best option to get the correct status of your case. You can also upgrade the case to premium. If the case is under processing (assuming online information is wrong), then they will accept the check and will process the case within 15 days. If it was already closed, then they will return the premium processing check. If your caseis closed, then it is advisable to leave the country immediately to avoid accumulating more illegal stay. Any time spend in U.S without a valid I-94 is considered as illegal stay.

Thanks for the reply.

But my company has not received any rejection notice saying that i can not work here and should not stay any more In USA.

My company is saying the They have deducted the money on 29th of august. But in USCIS site shows its rejected on 25th of August. is there any possibility after rejection they should not encash money.

My company has opened a Case with USCIS for this issue and they have informed me till we receive the update from USCIS current stay in US will not be an issue.

please give me some suggestions to what to do now. I am working for Wipro.

[msq]

I am able to see your petition status is in "Acceptance" Status on "Aug 25,2011".

Now a days, it may take some more time. For me also, It took 8 months to get my H1 approval when we filed for H1 transfer.

Good Luck.

[bgandru]

The status showing is Acceptance and data in that showing is rejected, confused and my company also does not have any clue and they keep on informing saying that We have opened case with USCIS and wait for update from them. Not sure how long i have to wait. now i dont have any documents to leave the country. while leaving i need some proof that why i have stayed these many days after visa and I-94 expired.

With out valid region they will not alove me to leave the country.

[shervin143]

Leaving the country is not an issue. No one will stop you from leaving the country because you have stayed past the I-94 expiry date.

The status showing is Acceptance and data in that showing is rejected, confused and my company also does not have any clue and they keep on informing saying that We have opened case with USCIS and wait for update from them. Not sure how long i have to wait. now i dont have any documents to leave the country. while leaving i need some proof that why i have stayed these many days after visa and I-94 expired.

With out valid region they will not alove me to leave the country.

[bgandru]

Ok. but it will be any issue if i have travel again in future?.

Again, I have to wait one more year to process New H1-B application right.

As of now I have informed all the details to My company and they have to decide to send me back.

In USCIS site application status shows as Acceptance but data shows as Rejected. Is there be any possibility of data discrepancy.

for any rejected cases what it should show there? Acceptance or Rejected?.

[shervin143]

Ok. but it will be any issue if i have travel again in future?.
>>> If the petition was indeed rejected and if you have accumulated illegal stay, then there can be issues.

Again, I have to wait one more year to process New H1-B application right.
>>> No. Your employer can file a new H1B petition using the CAP from the existing petition and request an immediate start date. It can even be filed in premium processing. The only issue is, you won't get a new I-94 since this petition is being filed without a valid I-94 on hand. Once the petition gets approved, you can re-enter with the approved petition and a valid H1B visa and start working again.
As of now I have informed all the details to My company and they have to decide to send me back.

In USCIS site application status shows as Acceptance but data shows as Rejected. Is there be any possibility of data discrepancy.
>>> Possible.

for any rejected cases what it should show there? Acceptance or Rejected?.
>>> Rejected.

[bgandru]

Thanks for the Reply and i have got an update from my company now and they are saying they have opened a case with USCIS for the my Status and my company inoformed me that i can wait 30 to 35 days to get the response from USCIS for the query.

And one more thing i want to bring you your notice is my application status showing as Acceptance

[H1B 2013]

Thanks for the Reply and i have got an update from my company now and they are saying they have opened a case with USCIS for the my Status and my company inoformed me that i can wait 30 to 35 days to get the response from USCIS for the query.

And one more thing i want to bring you your notice is my application status showing as Acceptance

Sorry for bumping an old thread.

So, does anyone know what happened to this case? The case status for the OP shows approved now.

I am in exact same boat as the OP, and wondering how the case will proceed now. Even my lawyers opened up a case with USCIS.

Any help is appreciated.