H1B extension pending


Redli

Recommended Posts

I applied my H1B extension on Jul 10th and the decision is still pending. It's almost 5 months. Not sure what to do. Any idea why there is a delay. I live in California. The receipt # starts with WAC and I assume it is applied in CA center. Due to this I am not able to plan my vacation.

I have a valid EAD & AP which expires on Mar '13. I have applied for extension of the same few days ago. I am planning for vacation between Jan and February. i.e going out of US by Jan'13 and coming in by Feb'13 mid.

If I use AP now for travel, my H1B extension would get abandoned right ? Also, if my EAD renewal does not happen within current EAD expiry, I would be risk of not working.

Please suggest on my scenario

Link to comment
  • 2 weeks later...
  • 4 weeks later...

I am layman (Aartieee) but I've faced situations and am good with probability :) so I can help. (I am not lawyer, so you can only count so much on my advice)

This year, I am faced with same situation. I would like to know the RFE type that you got (mine was H1b justification so got a letter from client stating and proving that it was technically skilled labor).

scenario 1:Hold on to the EAD that is valid till Mar 2013, hopefully the consulate approves your petition by then and you get your extension. Even if it takes till July 2013 for them to approve H1b petition, you are still good.

scenario 2:consulate comes back with another RFE in Jun/July (God Forbid), then give more proof and you get 3 more months.Accumulate enough money for F1 (short term- English etc.,) painful, but its like a last resort thing. If anything ever happens (I hope not) then you can jump to F1 and back to H1b using same employer.

scenario 3: consulate needs you to come back (God forbid) then use accumulated money to survive that brief period of time in India and try your best to provide proof at consulate office location. Else, use amount quickly to file for short course (F1) and return to US and file for H1 again.

If nothing else works, we will visit each other Hyd is close to Chennai :) lol

Link to comment

Archived

This topic is now archived and is closed to further replies.