H1B 2nd Extension On I140 - APPLICATION NOT YET APPLIED

[amarsat]

 

Scenario: I am working with a company from 10 years. Fulltime job and works at client location. Applying for the 3rd time extension overall.

Current H1B expires on OCT 1 2018

First H1B started in Oct 2009

I 140 approved

Issue:

My lawyer has not applied for my H1b extension yet. My current H1b expires on 2018 oct. Lawyer is the immigration attorney through the company. The same attorney has applied all my H1bs.

 

Questions:

What is the final and last date for applying a H1B extension?

What happens if my attorney does not apply my H1B extension?

Since i submitted all the documents to the attorney, does it consider as a valid application even if he does not send the application to USCIS?

Can we hire a lawyer outside the company attorney and have them apply for the H1b? If so, what happens if both attorneys file the H1b for the same company?

What are my options in this situation? Do you guys suggest me to find another immigration lawyer outside the company?

 

Please send me your responses.

Thank you...

[pontevecchio]

What does the company say? Have you talked to HR/Your supervisor?

[mehopeful]

H1B petition is filed by your employer, you are only a beneficiary of the petition. You cannot file any petition yourself. It is completely up to the company to decide which lawyer they want to use and whether they want to file the petition. The petition must be received by USCIS before your current petition expires in order to receive approval with extension of status. Practically, it should be filed ASAP especially if premium processing is not used.

[amarsat]

Thanks for the responses guys. I checked with my company and lawyer, they assured that they will file the application in time.

I got some progress and it looks like the ball is rolling.

[amarsat]

19 hours ago, mehopeful said:

H1B petition is filed by your employer, you are only a beneficiary of the petition. You cannot file any petition yourself. It is completely up to the company to decide which lawyer they want to use and whether they want to file the petition. The petition must be received by USCIS before your current petition expires in order to receive approval with extension of status. Practically, it should be filed ASAP especially if premium processing is not used.

 

Thanks for the information, i didnt knew that the petition must be received before the current one expires...

[Ken7]

On ‎7‎/‎11‎/‎2018 at 11:58 PM, amarsat said:

 

Thanks for the information, i didnt knew that the petition must be received before the current one expires...

Yes, technically if USCIS receives your new application on the day of the your existing H1 B expiring, you're good. However, in the event the extension gets denied, you'll be out of status from the date your current H1B expired, hence the good practice of applying well in advance of the expiration.