H1B petition expired during USCIS case review

[lostpacket]

On May 31'st 2011 I appeared for H1B Visa interview at New Delhi consulate. I was put under administrative processing and after 3 months my case was sent to USCIS to they can review it.

My petition expired in September 2011. What USCIS would do with my case ? Is there any good outcome of working on an expired petition ?

The fact is , when my case was sent to USCIS for review, my employer filed a new petition under premium processing and got it approved. During the second interview , the VO told that I should wait while the previous case sent to USCIS for review finishes. So shall I wait for an expired petition to re-affirm or revoke ?

Please reply guys. If there was problem with old petition, USCIS wouldn't have approved the second petition at first place.

[kuku82]

ask your employer to withdraw the first petition.

[tejalks]

On May 31'st 2011 I appeared for H1B Visa interview at New Delhi consulate. I was put under administrative processing and after 3 months my case was sent to USCIS to they can review it.

My petition expired in September 2011. What USCIS would do with my case ? Is there any good outcome of working on an expired petition ?

The fact is , when my case was sent to USCIS for review, my employer filed a new petition under premium processing and got it approved. During the second interview , the VO told that I should wait while the previous case sent to USCIS for review finishes. So shall I wait for an expired petition to re-affirm or revoke ?

Please reply guys. If there was problem with old petition, USCIS wouldn't have approved the second petition at first place.

Hi Lostpacket,

I dont think so USCIS would work on ur expired petition now. Once the petition has expired, I assume its closed. Just confirm this fact from ur attorney too. Ask ur attorney to call up USCIS (as only employer / attorney can get connected to representatives).

I believe once ur old petition has expired, it does not have any connection to ur new H1. Good luck & keep us posted about what response u get from USCIS & ur next visa interview too.

[lostpacket]

Thanks guys. I will keep my progress posted. This is an important question of "what happens to the review when petition gets expired in the review process" and the time will answer it.