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  • H1-B Extension

    Hi,

    I got my H1-B visa in 2007. i was working for the employer 1from Nov 2007 - Mar -19 2009, then my current company transferred my H1 and i've been working with the current company from Mar 23 2009 -l Mar 23 2012. They applied for LCA on Mar 8 2012 for an extension.. My attorney said my extension will be on file on Tuesday (next week i guess) and going to request for Premium processing. Can i continue working with the current company and stay here in US... i have visa papers untill mar 23 2012. My company depends on attorney for everything... I am not sure how it works.. Request you to explain the procedure in detail.. thanks!

  • #2
    Make sure the documents for extending your H1B reaches USCIS before your current I-94 expires. Otherwise the exetnsion will either get denied or approved for consular process (without a new I-94 forcing you to go out of the country and return back in H1B visa). You can continue to work for the employer until a decisohn is made by USCIS. However, if the extension gets denied, then the time that you have spent in U.S after your current I-94 expiry date will be treated as illegal stay. This is why it is advisable to file the extension early. USCIS gives 6 months time to file the extension before the I-94 expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

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