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vamshivmsc

h1 b approved for 3 weeks

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On 10/16/208 i got the news that i got H1B approved for 3 weeks ( 10/10/2018 to 11/02/2018 )

 11/02/2018 is my client project end date 

BUT

My project got extended for 3 more months( up to 01/31/2019)

Now, I have only 2 weeks of time to do something

What all i can do in this time ?????

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1. What if i don't get receipt number before the H1 expiry date  (11/02/2018)

2. I heard in some locations we can file premium for h1 extensions?

3. Do we need LCA to apply for Extension?

Edited by vamshivmsc

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23 hours ago, vamshivmsc said:

On 10/16/208 i got the news that i got H1B approved for 3 weeks ( 10/10/2018 to 11/02/2018 )

 11/02/2018 is my client project end date 

BUT

My project got extended for 3 more months( up to 01/31/2019)

Now, I have only 2 weeks of time to do something

What all i can do in this time ?????

Submit another extension at Nebraska, you will get 3 years this time. Most of BA titles got 3 years at Nebraska, BA titles are really special at Nebraska:), if you are Developer, you may get 3 weeks again, just kidding.

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4 hours ago, vamshivmsc said:

1. What if i don't get receipt number before the H1 expiry date  (11/02/2018)

2. I heard in some locations we can file premium for h1 extensions?

3. Do we need LCA to apply for Extension?

Ask your employer to submit new LCA with option B .Continuation of previously approved employment without change with the same employer in LCA.  If you submit LCA with option B, you can send your extension to Nabraska (Premium service is available).

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For now applied  new LCA and waiting on that 

1. What is option B in the above comment ??

 2. What if i don't get receipt number before the H1 expiry date  (11/02/2018)??

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I am not sure if this is applicable to H1B Extensions, but in my situation where I was transferring to my H1B to a Fortune 500 Company, the in house immigration team offered be different options which included the FedEx Tracking number.

This is often not advisable, but it's a possibility that you may want to explore based on the tight time crunch you are in. 

About Premium Processing based on the recent PO

https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

Premium Processing Remains Available for Certain H-1B Petitions

The suspension does not apply to:

Point 2 is applicable in your case which is stated as below

  1. (2)Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
    1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
    2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).

Even if you do not wish to proceed with Premium Processing the 240 day rule is applicable

240 Day Rule:This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision.

8 C.F.R. § 274a.12(b)(20)

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter.These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay.Such authorization shall be subject to any conditions and limitations noted on the initial authorization.This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision.However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.Note: If the H1B worker needs to travel during this time, they may not be able to return until they receive the new H-1B Visa. Premium processing is a viable option in this scenario.Also Note: The 240 day rule is not a basis to renew the H-1B. It is rule that applies only after a bona fide H-1B renewal petition has been filed.

Hope this helps you make a suitable decision to continue your employment.

Congratulations on your H1B Approval. 

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I am getting answers for all questions except below question, please answer the below quesion  

Q. What if i don't get receipt number before the H1 expiry date  (11/02/2018)??

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2 hours ago, vamshivmsc said:

I am getting answers for all questions except below question, please answer the below quesion  

Q. What if i don't get receipt number before the H1 expiry date  (11/02/2018)??

Please accept my sincere apologies if these seems to be rude.

USCIS lets you apply for H1B visa extension 6 months before the expiration. What it means is, let’s say your H1B visa is expiring October 1st, 2018then you can apply your visa petition anytime after April 1st, 2018.  The question arises is, How soon should you start the H1B renewal process ? It depends, the sooner the better. Ideally, USCIS takes two to three months for processing the H1B visa petitions.  If you are not applying for premium processing, you should apply at least 3 months before your H1B is expiring. It gives enough time for USCIS to process the application. There are cases where they take longer, but at least you planned ahead of time. What it means is, you should talk to your employer and attorney at least 4 months before your H1B visa is expiring and get the ball rolling. They may need some documents and you might need some time to gather them. 

You should have started the process well in advanced instead of regretting the possibility of you falling into immigration issues due to a tight time line.

Did you discuss this issue with your employer ? Every employer either have their own legal representatives or contract with a immigration law firm. You may want to consult your employer first and notify them about the immigration issues that you may experience and collectively together decide on a Plan B such as paid time off until the receipt arrives in the mail or bear an out of pocket expense and file for premium processing if you satisfy the eligibility of premium processing https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

Weren't you aware that you may face such an issue as your H1B End date started getting closer.  

"ignorantia legis neminem excusat "
(Latin for "ignorance of law excuses no one) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.  

However at the same time, I am not aware of your current personal situation such as you may be on bench and your employer kept you waiting until you found a new project and then file for an extension. There should be a suitable outcome of this situation, best suggestion is to discuss with your company's immigration team.

 

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On 10/16/208 i got the news that i got H1B approved for 3 weeks ( 10/10/2018 to 11/02/2018 )

 11/02/2018 is my client project end date 

BUT

My project got extended for 3 more months( up to 01/31/2019)

Now, I have only 2 weeks of time to do something

What all i can do in this time ?????

@Kerwin Ross this is my situation

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3 hours ago, vamshivmsc said:

Can I file amendment if I change job 
While my h1 extension is in proces

You may want to read a similar scenario .

The change in client and/or worksite can be disclosed in your new H1B Extension petition instead of filing a separate Ammendment. 
Consult with your employer and your employer's immigration attorney to weigh these options. 
 

 

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@Kerwin Ross
In my hands currently I have a job with client until Jan 31st 2019 ie., 3 months from now

So for now I will file extension with what i have and 

I finds new job with same employer In Jan 2019 (something long contract) then can i file an amendment while my Extension (without Premium) in process??

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47 minutes ago, vamshivmsc said:

On 10/16/208 i got the news that i got H1B approved for 3 weeks ( 10/10/2018 to 11/02/2018 )

 11/02/2018 is my client project end date 

BUT

My project got extended for 3 more months( up to 01/31/2019)

Now, I have only 2 weeks of time to do something

What all i can do in this time ?????

@Kerwin Ross this is my situation

Do you know why was your H1B approved only for 3 Weeks. I am assuming that USCIS adjudicated your H1B petition based on the paper work provided while petitioning for H1B which may include that your project end date as 11/02/2018.

I am sure they would not pick a random date out of no where and approve until that date. This date should be somewhere on the paper work that they used as an end date for approving this I-129 H1B Petition.

Now given these facts that your client has offered you an extension of 3 more months, and if you use the new date that is 11/02/2018(Current End Date) + 3 Months = 02/02/2019

Lets look at the happy path :

You file for an extension in premium processing using new documentation from your client with new project end date as 02/02/2019, best case scenario is you get a new approval until 02/02/2019 and again have to start off early filing for another extension.

I am not aware of your current employment situation and your relationship with your client or if there are any vendors in between that consolidate you into a EVC Employer Vendor Client model, may be your vendor should be able to issue you a Purchase Order or Work Order that explains the fact that your project as been extended until mm/dd/yyyy and then also annotate "As a point of clarification, the end date listed on the work order/ client letter ......as Vendor Name negotiates new contracts with the client every quarter.  We do hope that you (Mr. xyz ) will be part of our effort on this long term project as you have already received x no. of 3 months extensions in the past. "

You may want to consult with your client to see if they could add some material to the client letter that would indicate that the project that you are part of may be extended year on to year.

If these cases do not apply then you may want to find a stable project that is long term. Usually H1B employees if have a chance to choose from prospective project joining opportunities, they would choose the one with a longer term contract rather than a 3 -month short term contract. In the long run to avoid your self from such situations you may want to re-evaluate your contingency plan in you are ever again in such circumstances.

My personal suggestion is be open and reach out to your employer, client, manager ... etc, whom ever you think may be able to better assist you (proper documentation) to sail across this big tide (H1B Extension) that you fear you would not be able to accomplish easily.  Keep in mind since the new no RFE memo is in place https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf  and review this checklist to see if you have all necessary documents ready https://www.uscis.gov/i-129Checklist

 

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On 12/11/2018 at 11:29 AM, vamshivmsc said:

Applied for the extension(premium) with sow stating three months contract end date from end client,

Got approved visa for 3 years

Thank you 

Hi Vamshi, I am in the similar situation, my client is not issuing letter for my H1b extension. Could you please let me know the supporting documentation you provided in the place of client letter. I appreciate your response. 

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