H1B extension: Received RFE with the reaso that petition was filed 5months after status expired

[sunjeevrao]

Hi,

 

I need your help/suggestion.

 

Below are the details of my H1B VISA.

Petition expiry: Sep2013

Visa expiry: Sep2015

I94 expiry: Apr2016

 

Here is my issue:

I have got petition valid until Sep2013, but consulate stamped Visa until Sep 2015 by mentioning petition expiry date(PED) as Sep 2015 on Visa page, actual petition expiry date is Sep2013 though. And I got I94 for 3 yrs from POE date i.e. Apr2016.

 

I was under impression that I have valid petition because PED was printed on Visa as Sep2015. But when I recently applied H4 visa for dependants in India, consulate rejected the application stating that I have no valid petition.

 

When I checked the same with my employer, they immediately asked me to apply for petition extension in premium.

We did this in the last month which is more than 4months from actual petition expiry.

 

Last week we received RFE from USCIS with the reason that petition was filed 5months after status had expired. Our attorney told me that they will respond to RFE this week and also file consular notification. I was alos asked to be ready to leave US.

 

My questins are:

1. Is my status expired, Am I out of status?

2. Will my petition get approved?

3. what is consular notification?

4. If I get my petition approved, do I need to go back to india for Visa stamping?

5. If I need to go out of US and re-enter, can I go to Mexico/Canda and come back rather than going back to India?

 

Please provide your views/suggestions asap.

[jairichi]

Hi,

 

I need your help/suggestion.

 

Below are the details of my H1B VISA.

Petition expiry: Sep2013

Visa expiry: Sep2015

I94 expiry: Apr2016

 

Here is my issue:

I have got petition valid until Sep2013, but consulate stamped Visa until Sep 2015 by mentioning petition expiry date(PED) as Sep 2015 on Visa page, actual petition expiry date is Sep2013 though. And I got I94 for 3 yrs from POE date i.e. Apr2016.

 

I was under impression that I have valid petition because PED was printed on Visa as Sep2015. But when I recently applied H4 visa for dependants in India, consulate rejected the application stating that I have no valid petition.

 

When I checked the same with my employer, they immediately asked me to apply for petition extension in premium.

We did this in the last month which is more than 4months from actual petition expiry.

 

Last week we received RFE from USCIS with the reason that petition was filed 5months after status had expired. Our attorney told me that they will respond to RFE this week and also file consular notification. I was alos asked to be ready to leave US.

 

My questins are:

1. Is my status expired, Am I out of status?

2. Will my petition get approved?

3. what is consular notification?

4. If I get my petition approved, do I need to go back to india for Visa stamping?

5. If I need to go out of US and re-enter, can I go to Mexico/Canda and come back rather than going back to India?

 

Please provide your views/suggestions asap.

1. Yes you were out of status from Sep 2013.

2. Yes but with consular processing.

3. You would need to exit and enter US with a valid H1B visa and I797.

4. Refer 3.

5. I believe so. As your attorney too.

[sunjeevrao]

1. Yes you were out of status from Sep 2013.

2. Yes but with consular processing.

3. You would need to exit and enter US with a valid H1B visa and I797.

4. Refer 3.

5. I believe so. As your attorney too.

Thanks for quick response.

 

As I have got receipt notice, can I work in US now?

Do I have any chances of getting petition approved w/ I94?

If I get petition extended with consular processing, I will exit and enter US. In this case, do I need to go for Visa stamping again, I have valid Visa till Sep 2015.

[jairichi]

Thanks for quick response.

 

As I have got receipt notice, can I work in US now?

Do I have any chances of getting petition approved w/ I94?

If I get petition extended with consular processing, I will exit and enter US. In this case, do I need to go for Visa stamping again, I have valid Visa till Sep 2015.

As you were out of status you cannot start working on receipt notice.

Chances of approval are based on documents submitted.

If you have a valid H1B visa then there is no need for stamping. Just cross the border and enter.

[sunjeevrao]

As you were out of status you cannot start working on receipt notice.

Chances of approval are based on documents submitted.

If you have a valid H1B visa then there is no need for stamping. Just cross the border and enter.

Thanks for the reply.

I would like to check further on couple of things.

1. Billing/Paystub: Currently, I am not working so our employer is not charging the customer which is fine.

    But I wanted to know one thing that will it be Ok if my employer runs my paystub and give me salary for this period? Again employer is not charging customer for me.

2. H1B valid visa: As I mentioned, I have valid visa till Sep15. You said that I don't need to go for stamping again while returning back to US, But as visa shows old petion number which was expired, does it cause any issue at POE? Of course, I will carry new I797/petition.

   Awaiting your reply.

[jairichi]

Thanks for the reply.

I would like to check further on couple of things.

1. Billing/Paystub: Currently, I am not working so our employer is not charging the customer which is fine.

    But I wanted to know one thing that will it be Ok if my employer runs my paystub and give me salary for this period? Again employer is not charging customer for me.

2. H1B valid visa: As I mentioned, I have valid visa till Sep15. You said that I don't need to go for stamping again while returning back to US, But as visa shows old petion number which was expired, does it cause any issue at POE? Of course, I will carry new I797/petition.

   Awaiting your reply.

1. Whether project is available or not you need to be paid by employer. Otherwise you are out of status.

2. H1B visa is not tied to an employer. So, with a valid H1B visa from old employer and a valid I797 from new employer you can enter US.

 

You can confirm these things with your employer's attorney.