H1B extention apply one week before expire


premdice

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Posted

Hi

 

My visa expire Nov 26 2013 and company apply one week before please let me know how long take time to processing it ?

 

1. How long take time to get receipt ?

 

Regards

Prem

Posted

In reverse order ...

 

If your employer filed for a H-1B extension visa for you and its receipt date is prior to the expiry date of your current H-1B visa, then there is a 240 day period of authorized employment and stay past expiry of your current visa for processing and approval by the USCIS. You should get the I-797C Notice of Action receipt from the USCIS in 2-3 weeks from when it was received at the service center. The I-797C will have the receipt number for tracking your case and the aforementioned receipt date. Depending on the USCIS service center that it was filed at (California or Vermont) it will probably take 3-4 months for normal processing and approval with no RFE (with a note that H-1B visas filed at the Vermont Service Center this spring (e.g. April) took 6+ months for processing and approval, and some are still pending in "Initial Review").

Posted

Hi

 

My visa expire Nov 26 2013 and company apply one week before please let me know how long take time to processing it ?

 

1. How long take time to get receipt ?

 

Regards

Prem

A week to get receipt and 3 to 4 months for approval with regular processing and 15 calendar days by premium processing.

Posted

Prem, what took so long to prepare the petition? Never a good situation to be in when you are going to send a petition just a week before your 1 week visa expiry.

To answer your question, no problems in posting your extension petition docs and the USCIS has to receive them before I94 expiry date.

 

My own personal experience had a bitter ending. I had to leave US when my project ended just about when my attorney was to post the extension docs to USCIS. My visa was to expire in 2 weeks and there was no time to get a new job and a new Client letter with in two weeks. Left for my home country immediately.

Posted

I am in a similar situation. Please advice on the following;


 


H1B expiring on Dec 9 2013


 


1. Is it ok if we just submit the transfer before Dec 9th 2013 to be in legal status? Is the FEDEX receipt sufficient of proof of transfer application submittal or do I the receipt from USCIS?


or


2. Do I need the receipt (which I understand takes 1 week) to be in legal status after Dec 9th 2013?


 


Please let me know. Truly appreciate your suggestion.


Posted

 

I am in a similar situation. Please advice on the following;

 

H1B expiring on Dec 9 2013

 

1. Is it ok if we just submit the transfer before Dec 9th 2013 to be in legal status? Is the FEDEX receipt sufficient of proof of transfer application submittal or do I the receipt from USCIS?

or

2. Do I need the receipt (which I understand takes 1 week) to be in legal status after Dec 9th 2013?

 

Please let me know. Truly appreciate your suggestion.

 

When does your I94 expire? Is it Dec 9 2013?

1 & 2. Yes. But, it is better to apply well in advance. You need USCIS receipt notice.

Posted

Hi, 

 

  i'm also in same situation, my H1 and h4 (wife) expires on 1st October, 2013. And we were in doing of premium process but all of sudden the project was going to be ended sept 30, 2013 said by manager.  Every one got shocked and applied regular process with supporting client letter and sent doc to USCIS on 25th Sept, 2013, and  that packets reached there by 26, september, 2013 at 9.04am which was overnight shipment by UPS.

 And that was Shutdown time. after we got Receipt number we were noticed that receiving date was October 8, 2013 on the H1 and h4 extension receipt. there is 7days laps. 

1) is there any problem for applying new LCA for my new project?

and the project is going to be started on 1st week of December, 2013 and my employer said they want to upgrade to premium with the new LCA related docs, which was already filed. 

a) At this time is there any issue about the 7days laps.?

 

2)  Coming to my wife she was on h4 and she had her old expired h1 and unused period is left. 

Now she got an offer and will be applied for h1 this month. 

a ) is there any problem to my h1 extension filing process if they do h1 filing(regular) for her?

b) if no impact on my filing process, is there any issue for her h1(extension) filing too, that 7 days lap?

 

my employer is ready to preparing all concerned docs with their attorney regarding that days laps. 

 

Please advise me.

 

Thanks in advance

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