H1b Extension question worst case


deepthis

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Hi All,

My husbands h1b extension was applied on Sep 21st ( FTE with company since 9 years). The attorney sent the extension to California instead of Vermont on Sep 9th. 

The attorney filed a PP extension on 9th and was notified later that this is wrong processing center and needs to be submitted to Vermont. After resubmitting to Vermont the extension reached on Sep 21st 2018 ( after PP was stopped) . His h1b was valid until Sep 30 2018. Vermont has denied to process this in PP and is processing in regular processing. 

I want to understand what is the worst case situation here. What will happen if the extension is denied, can the attorney refile or what is the other option ? Since his old H1b expired on Sep 30th should he have to go to india? Looking for your responses here.

Also, he has been offered another job, in this situation will it be wise to accept the offer from another company and join on receipt number? Since PP is stopped currently? 

Thanks in advance.

 

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The worst case would if the extension is denied you will have no choice but to leave since your i-94 is valid til sep 30. If you do not receive your decision after 240 days you cannot work for the employee but you are still eligible to live in states until you receive your decision. 

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