h1b extension delay, I94 expire.

[kau_ber]

Hello all,

Yy H1b transfer was filed in Apr 2015. I joined a new company B in apr 2015 with receipt notice only. I had h1b with my old employer A with start date of Oct 2012 and ending 2015 september 30th, which was terminated when i changed company.

It has been >3 months and still no update. When company lawyer inquired the delay, USCIS said there are still processing. 

At this point, what are my options. My I94, old h1b expires sept 30th 2015.

1) Reading the forums, I see that upgrading to PP is not really helping speed up the process. Does anyone have the updates.

2) How many days will I have to look for a new company and do I really have an option to file for another H1b at this time?.

3) Is it better if i can try to look for some college to transfer. Though it wil take hell lot of time.
4) What is my situation if USCIS does not adjudicate my case by sept 30th. And what if they put a query after?

Really appreciate any responses. 

[sunny1986]

Your status is automatically extended for 240 days when you joined company B, so you are not out of status. USCIS has to send you a decision before that 240 day period expires. You can always upgrade to PP. 

 

I recently upgraded to PP after waiting for 3 months and got approval in 10 days.

[kau_ber]

Thanks for the answer. it is really helpful to know that USCIS gives me more than 6 months to process.

Taking into account the possible options: in normal cases where  H1b transfer is RFE'd or denied, people have an option to apply with another company immediately and get that h1b approved. In my case, after the 9/30 where I94 expires, old h1b expires,

1)Will i be able to reapply H1 with another company or my old company after 9/30?

2) if so, does it make sense to  do that h1 with new company before 9/30?.

2) I was reading about B2 visa. Is it better for me to apply B2 visa and keep it so that I can apply a h1 with another company in case this current transfer goes wrong?

 

Thank you.

[skanthsri]

Your status is automatically extended for 240 days when you joined company B, so you are not out of status. USCIS has to send you a decision before that 240 day period expires. You can always upgrade to PP. 

 

I recently upgraded to PP after waiting for 3 months and got approval in 10 days.

when you applied in regular what was the Uscis application received date?

[sunny1986]

May 29, 2015