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Nikhil B

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  1. Nikhil B

    H1B extension approved for a past date

    Hi, my employer had filed an amendment cum extension case. There was just one receipt number for this case.
  2. Hi All, My case is a little weird and that is mostly because of my employers visa team mistakes. So my I797 and I94 has expired on 4/18/2017. There was an extension cum amendment filed for me in November 2016 and we received an RFE for it in April 2017 just before my visa expiry date. This RFE was responded by my employer in May 2017. Now 2 days back we received approval on my case but the approved period ends on 4/18/2017 which has already passed. The first thing that my employer said is to travel back to India immediately. But the catch here is that my wife is pregnant and in her 27th week. Ideally she can travel by flight in this week but she is afraid and doesn't want to travel. So I am trying my best to push the employer and come up with some solution to this. Now the employer is saying they can file H1B NPT case with USCIS but until we get the decision I cannot work. And they will do it next week because they first need to find out what was the root cause of this error. (what had happened is - the extension request filed by employer had intended date of employment ending on 4/18/2017 which is what USCIS approved for. so the mistake is from employer as well as USCIS in the sense that they approved my case in June for a period ending in April of the same year). So I have so many questions in my mind like - What do I do until we file the case. What proof can I show to an officer who asks me for my work authorization? Can I really not work until USCIS responds to NPT? What if they deny the NPT? If this happens after some days, I will medically be not able to travel with my wife as she is pregnant Since I wont be on payroll, I would not be able to avail insurance through employer, is that right? If so, am I eligible for Cobra? How much time does it take to move from employer coverage to Cobra? I might need medical assistance at any point I know premium is suspended but wouldn't USCIS have some exceptions for medical reasons? I know these questions are supposed to be answered by employer too, but since I am not getting a good response and have lost confidence in them, I came to this forum. Appreciate anyone's response to any of my questions. Thanks!