H1B Extension: After 3 years

[bhaskre]

Hi All:

let me start off by saying I am not employed in the IT field. I work for a small business as a design engineer. My H1B Visa expires September 23 2012 (applied in 2009). That is 83 days more. I am calculating the option of regular processing & not premium. I want to know if its the wise choice. If not, why not ? and secondly, will I be in-status post Sept 23rd if I haven't heard back from USCIS ? If so, how long is the legal status valid ?

Much thanks to all again for your time & inputs :

[pontevecchio]

If you have a timely filed H1 extension filed by your employer you will have up to 240 days after the current petition expires and you will be considered in status. Secondly you are allowed to pay the 1250 USD for PP. The decision is yours based on your situation.

[catx]

The information posted is correct, albeit the regulation / rule regarding the 240 days was a little hard to find in the USCIS / DHS online information, when the approval of my extension went past my visa expiry date.

If the H-1B extension petition is filed before the current visa expiry date, then there is a 240 day in-status period to allow for processing and approval of the extension. The main thing to remember is that you cannot travel outside the U.S. during the period between the H-!B visa expiry and the extension approval, as you have no valid visa for returning to the U.S. This also applies to any H-4 dependent visa extensions that are filed in conjunction with the H-1B visa extension.

In my case, I did not realize that an H-1B visa extension is the same as a new petition (subject to all the same requirements, documentation, review, and approval as the first H-1B visa), and did not get the process started 6 months before expiry (lesson learned -- immigration processes require factual information, good communications with your lawyer, and proper and sufficient planning). It took 6 months for regular processing. During the 4-1/2 months in-status without a visa my son had to postpone a Christmas trip and there were some challenges renewing my daughter's drivers license.

Consider issues of beiing in-status without a visa and any issues that may cause the H-1B visa extension to be denied in deciding on permium processing. For me regular processing was okay.