H1B transfer...petition fedexed

[UK1986]

Hi,

I need some help.

My I-94 expired on Sunday but I have already filed my H1B transfer with another company. I already had an extension in place but due to lack of documentation, it was set to be denied. No decision has arrived from USCIS on that petition. The attorney at the new company sent out the petition late evening on Friday but due to weekend and veteran's day holiday, USCIS has not received the petition. I want to know if I will be still be considered lawful presence while USCIS processes my case?

 

[xTDx]

Quite probably you will not be granted extension of stay and H1b will be approved based on consular processing . You should leave country to be on a safer side and wait for the decision on new employers petition.

Did you ask these questions to your new employers attorneys ? They are paid to do exactly this and should have informed you if you should leave country or not after reviewing your case in depth. Especially knowing that they wont be able to timely file the petition before i94 expiration .

Remember that a FEDEX receipt has no value. USCIS has to give you a receipt number before you can "assume" continuity of your H1b lifeline .

 

[gc485process]

On 11/12/2018 at 3:24 PM, UK1986 said:

Hi,

I need some help.

My I-94 expired on Sunday but I have already filed my H1B transfer with another company. I already had an extension in place but due to lack of documentation, it was set to be denied. No decision has arrived from USCIS on that petition. The attorney at the new company sent out the petition late evening on Friday but due to weekend and veteran's day holiday, USCIS has not received the petition. I want to know if I will be still be considered lawful presence while USCIS processes my case?

 

Looks like someone delayed here, given your I-94 expires on Sunday and the attorney filed on Friday it is unlikely you are maintaining status when the application reaches USCIS.  what really matters is when it is received at USCIS and the receipt date in the uscis receipt notice. does not matter when it was fedexed.  the attorney is paid so that it does not land you in such precarious situation. you should be prepared to leave the country and do consular processing for the h1b.