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H1B Extension - Ne reply from USCIS - Re filing

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  • H1B Extension - Ne reply from USCIS - Re filing

    I got my H1b approved,stamped and VISA was expiring in Sep end 2011. Applied for extension on Aug 8,2011 (i was in US while applying). Later in Dec 2011, traveled to India for personal reasons.
    Till now (May 2012) nothing heard back from USCIS.

    My employer checked with USCIS and found that my extension application is present in their database (not telling me whether its approved or denied).
    And now my employer is saying that they will be re filing extension with proofs(encashed fee receipt and DHL tracking number..etc) of earlier extension filing.

    Please let me know answers for below questions:

    1. Can my employer re file H1 extension in this case (as i am in India presently)?
    2. Is it possible to re file extension under premium processing? If yes what is the earliest possible time to get it approved?
    3. Should my employer apply H4 extension of my dependents at the same time? If not can it be applied later i.e once my H1 extension is approved?
    4. What is the earliest possible date i can travel back to US (if it is applied this week under premium processing)?

  • #2
    1. Can my employer re file H1 extension in this case (as i am in India presently)?
    >>> All that they need to do is file a new H1B petition for consular process using the CAP from the previous H1B approval notice. When a person is outside U.s, an extension cannot be filed. Extension will come with a new I-94. To get an extension of status, the person should be in U.S. If not, the petition should be filed for consular process where the approval will come without a new I-94. You will get the I-94 at the POE when you enter U.S.

    2. Is it possible to re file extension under premium processing? If yes what is the earliest possible time to get it approved?
    >>> It is possible to file the petition in premium. It will take about 15 days to get a result if there are no RFEs.

    3. Should my employer apply H4 extension of my dependents at the same time? If not can it be applied later i.e once my H1 extension is approved?
    >>> H4 extension cannot be filed when your dependents are outside U.S. When your H1B petition gets approved, they can enter U.S on a valid H4 visa. By showing your H1B approval notice, they will get I-94 matching the h1B petition expiry date which will allow them to stay in U.S. The process is execatly similar to how they entered U.S in H4 status the very firs time.

    4. What is the earliest possible date i can travel back to US (if it is applied this week under premium processing)?
    >>> You can travel anytime as long as you have a valid H1B petition, valid H1B visa and a valid passport.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Refiling the H1 Extn

      Thanks SHrvin143.

      My employer checked with USCIS and they said they couldnt find my record, hence asked to refile the H1 extn with proofs (encashed cheque and courier tracking receipt).

      So my employer is going to refile my H1 Extension with the proofs attached (mentioned by USCIS officer) , but i am out of US now.

      Please let me know does it work? Is there a possibility that USCIS might come back with positive response on my H1 extn.

      My employer is also thinking about filing a fresh H1B. Does it hold good in this situation?

      Comment


      • #4
        My employer checked with USCIS and they said they couldnt find my record, hence asked to refile the H1 extn with proofs (encashed cheque and courier tracking receipt).
        >>> Didn't you get a receipt notice? If not, on what basis did you stay back in U.s all these days without even a receipt notice acknowledging your transfer extension.

        So my employer is going to refile my H1 Extension with the proofs attached (mentioned by USCIS officer) , but i am out of US now.

        Please let me know does it work? Is there a possibility that USCIS might come back with positive response on my H1 extn.
        >>> Hard to say. If they cannot find any proof and the check for transfer was not encashed, then they might ask you file a new petition. In that case, any time spend in U.S after the last I-94 expiry date will be considered as illegal stay.

        My employer is also thinking about filing a fresh H1B. Does it hold good in this situation?
        >>> They can sure file a new petition. In that case, whenever you apply for a new visa, you have to answer Yes to the question about overstaying in U.S.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          - I have overstayed 60 days in US waiting for the receipt which i did not receive.
          - The H1 extension cheque was encashed by USCIS and i have the courier company receipt also that says delivered to USCIS office.
          - USCIS officer asked my employer to refile the H1 extension with the two proofs (courier receipt and encashed cheque).

          Comment

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