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smukherjee

HR is declining to file H1b extension petition. What should I do?

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I am a non-immigrant Indian citizen currently in the US, and working at a US university with an H1b and I-797b. Both my visa and I-797b were issued last yr in October, and are expiring on Sept 20. My department wants to extend my employment, but the HR (human resources office) is declining to file a petition for the H1b extension of stay, giving reasons that the H1b visa had been suspended by the US govt.

I have talked with a number of immigration lawyers, and they all have told me that if I am within the US, there should be no impediment for filing my extension petition. However, the HR has declined and is not responding to our queries at all.

I'd like to be clear that my department is totally at my support and has the funds to extend my employment. Can anyone suggest to me how should I proceed in this matter? 

Thank you. 

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Does the university have a lawyer handling these things? If not, your only option would be to ask a lawyer to talk with HR to try and educate them. While issuance of H1 visas has been suspended, your case would be an extension of the H1 petition, which is not suspended. Visa and petition are two different things, but lots of people don't know the difference. When you talk with them, always mention petition, never visa. If they still don't want to do it you'd have to find employment elsewhere (another university) or leave the country.

Edited by JoeF

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Do your university has immigration lawyer. If yes ask them to explain to HR. Try to approach President of university.

You can submit new petition with USCIS while being in USA. HR needs to understand it.

If nothing happens try to find new employment depending on your immigration status.

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