H1B processing time


sumanreddy

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Hi my H1B petition for extension of stay was filed on May 10th, 2012 and is still pending. If you guys know anyone whose petition was filed during the same time (during late april or early may) and was approved, please let us know...

I also have one more question. Is it enough to carry the copy of H1B for visa interview at Chennai consulate, if you did not receive the original one.

Thank you and your help is appreciated.

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What happens if the I don't get my H1B extansion before my visa expires? On USCIS I found following explenation:

The employee may continue to be lawfully employed for a period

of up to 240 days, or until USCIS makes a decision on your

application, or until the reason for your requested extension has

been accomplished—whichever comes first. (Note: Under

Section 105 of the American Competitiveness in the Twenty-First

Century Act, this does not apply to H-1B portability—the ability

to work for a new employer. H-1B portability is discussed in

further detail below.)

If the request for extension is denied and the employee’s status

has already expired while the employee is in the United States, he

or she will be considered “out of status” as of the date that his or

her status expired. If this should happen, the employee will

be required to cease employment immediately and depart

from the United States upon denial of the extension. There

is no appeal to a denial of a request for an extension of status. The

period of time that the foreign national has been “out of status” may

affect his or her ability to return to the United States following the

individual’s required departure.

So what should I do to be sure that I am not out of status. Should I file for a spouse visa in the meantime, but I won't be abble to work in that cathegory.

Any advices?

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