Stay After H1 expiry date - Late h1 extension apply

[pokerstar]

Hi All

 

I have a quick question. My first 3 years of h1 is going to expire on Oct 1st 2013. I94 expires same day too. My employer is very lazy in filing H1, he started the process very late. We already got the client letter where i am currently working and he has already got new LCA last week.

 

He requested all my documents for h1b extension and i sent him the same. When i called him yesterday and asked if h1 extension is done, he is just saying All set. I am little worried because i dont have receipt number in hand. And also not sure about the application because attorney did not call me about applying.

 

Is there any issue if he files extension on Oct 2nd or Oct3rd. Just making sure.

 

My current project ends on Nov6th, so i am just doubting he might be delaying considering my project status

 

1) Do i need to have receipt in hand by Sep 30th to continue working.

 

2) How long does it take to get receipt after we apply

 

3) Just in case if i came to know that he did not apply in time, how quickly can i convert to h4 , my wife is on h1 so i can move as dependent. Can it be done within a day or two 

 

4) Do i need to leave USA and come back if i need to change that status.

 

Please let me know.

 

Thanks in Advance

[jairichi]

Hi All

 

I have a quick question. My first 3 years of h1 is going to expire on Oct 1st 2013. I94 expires same day too. My employer is very lazy in filing H1, he started the process very late. We already got the client letter where i am currently working and he has already got new LCA last week.

 

He requested all my documents for h1b extension and i sent him the same. When i called him yesterday and asked if h1 extension is done, he is just saying All set. I am little worried because i dont have receipt number in hand. And also not sure about the application because attorney did not call me about applying.

 

Is there any issue if he files extension on Oct 2nd or Oct3rd. Just making sure.

 

My current project ends on Nov6th, so i am just doubting he might be delaying considering my project status

 

1) Do i need to have receipt in hand by Sep 30th to continue working.

 

2) How long does it take to get receipt after we apply

 

3) Just in case if i came to know that he did not apply in time, how quickly can i convert to h4 , my wife is on h1 so i can move as dependent. Can it be done within a day or two 

 

4) Do i need to leave USA and come back if i need to change that status.

 

Please let me know.

 

Thanks in Advance

Your employer has to apply before I94 expires. 

(1) That is correct.

(2) Ideally 4 days to a week to receive your receipt notice.

(3) It would not take more than 2 days to get all your documents ready and to apply for a COS from H1B to H4. Have a list ready with you including your wife's documents.

(4) No

[pokerstar]

Thanks Jai for your response.

But I heard that we don't need to have receipt to start working, we just need to make sure USCIS receives your application by last date.

Please confirm.

Thanks

[jairichi]

Thanks Jai for your response.

But I heard that we don't need to have receipt to start working, we just need to make sure USCIS receives your application by last date.

Please confirm.

Thanks

They do work immediately after confirming receipt of application by USCIS