H1 B Extension


uppalapati

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Hi,

My H1 B has expired on 12/5/2011 with my previous employer. My new employer has filed for H1 B extension before the expiration of the old one i.e; my file reached USCIS on the 12/5/2011. Currently I am waiting for the receipt I believe that is the I-797 form . Please do let me know what my current status is and is there any grace period of 30-60 days while changing employers.

Thanks

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Generally, there is no grace period. When a timely filed extension or change of status petition is pending with USCIS and the nonimmigrant's current I-94 card has expired the nonimmigrant is in a period of authorized stay. This is not the same thing as holding a valid nonimmigrant status. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case.

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It may take some time to get receipt from USCIS but this is your valid stay as long as you have UPS/FedEx tracking no that shows package get drop to USCIS location.

May be you wait for 1 more week otherwise you should consult with your attorney as it's more than 11 days to track about receipt.

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