H1B Extension + Out-of-status

[gorthan]

Hi

My Extension has been filed but it was filed very late.

The lawyer has sent the documents through FedEx, 5 days earlier of my expiration date. We haven't received the Receipt Number yet. What are the consequences for me if we don't get it before the expiry date.

thanks

Gorthan

[wiweq]

If they received your H1b petition after I94 expiry or you are out of status, most probably the H1b won't approve.

[testvisauser]

As long as you can prove that the documents reached before your I-94 expired using FedEx tracking, you will be fine. If for whatever reason, the packet did not reach before your I-94 expired, then they may grant the approval but deny Extension of Stay (EOS) so you will get an I-797B with no I-94 attached. You will have to use that to get a visa stamp.

[wiweq]

" You will have to use that to get a visa stamp."

=> If OP already has stamping, then s/he can use this I797B to enter in USA and get the I94 at POE. Right?

[gorthan]

Hi,

thanks for the replies.

What if my previous Employer's I797 is expiring in October 2012 and they have not revoked it.

Am I still in Status?

thanks

Gorthan

[gorthan]

Also, does it mater if the filing is done in regular process or Premium process?

ie, Receipt number can come early if done in Premium ?

thanks

Gorthan

[testvisauser]

"=> If OP already has stamping, then s/he can use this I797B to enter in USA and get the I94 at POE. Right?"

Yes, I assumed his stamp will expire in Sept.

"What if my previous Employer's I797 is expiring in October 2012 and they have not revoked it.

Am I still in Status?"

What do you mean by previous employer? Who are you working for now?

As long as an extension is filed in a timely fashion (FedEx) package reached USCIS before expiry of current I-94, you are in status and allowed to work for up to 240 days. The only issue is if your petition gets denied for some reason, then you retroactively go out of status from the expiry date of the current I-94.

[gorthan]

Hi testVisaUser,

thanks for reply.

I was working for Employer A, who had filed for my H1 at that time and i94 was expiring in Oct 2012. Then I joined Employer B, who filed for my H1 again but its expiry was May 2012 (earlier than the previous employer's petition).

I just got informed by my company's attorney that he had FedExed it and I shouldn't worry cause they have made it sure that the documents have reached in time. They can't contact them before 2 months of filing date about the status though.

regards

Gorthan