URGENT URGENT !!! Lawyear Farm sent H1B extension package at 11th Hour, Can I stay if the package reaches USCIS ?


maklin

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Hello,

My lawyers sent my H1B extension package at the last moment to USCIS. Its en route and will reach on Friday (September 15 2023). My petition expires on Monday (September 18 2023). Its a regular filing. Can I stay in US if the package just reaches on Friday? Or do I need to leave the country ?

I have I140 approved. My spouse is on his own H1B.

Its a sheer negligence from my employer's lawyer farm. And I am in a bad situation now. Could you please suggest any way out here ?

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8 hours ago, maklin said:

Hello,

My lawyers sent my H1B extension package at the last moment to USCIS. Its en route and will reach on Friday (September 15 2023). My petition expires on Monday (September 18 2023). Its a regular filing. Can I stay in US if the package just reaches on Friday? Or do I need to leave the country ?

I have I140 approved. My spouse is on his own H1B.

Its a sheer negligence from my employer's lawyer farm. And I am in a bad situation now. Could you please suggest any way out here ?

You can alleviate your fears. As long as USCIS received a timely-filed extension (received prior to the expiration of the current status), then you can remain in the U.S. while it is pending. Many are under the false belief you need the receipt notice first, this is not accurate, it helps to put your mind at ease by having the receipt notice because it is evidence USCIS is processing the case, but a courier confirmation that it was received by USCIS prior to the current expiration is sufficient to stay. 

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