my husband has applied for H1b extension , but did not get get any reponse for the approval since 4 months , so when we inquired about it we got response that it got query. The problem is our drivers license is getting expired in next month. is there any way where we can expedite the process of extension and what if we do not get approval within next month.How can we remain in legal status after next month
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7th H1 extension-please reply urgent
- Thread starter bluesky26
- Start date
bluesky26 said:my husband has applied for H1b extension , but did not get get any reponse for the approval since 4 months , so when we inquired about it we got response that it got query. The problem is our drivers license is getting expired in next month. is there any way where we can expedite the process of extension and what if we do not get approval within next month.How can we remain in legal status after next month
Based on the law, your husband gets 240 days extension immediately since he files extension, I mean he can continue to work for his current employer (petitioner). It means he can continue to work 240 days from the expiration date of his current visa.
Unfortunately there is a gap in the law, if he works after expiration date and USCIS denies his extension, all the time of his staying after expiration date considered as an illegal staying. If USCIS approves his extension, he is fine.
The solution in your case can be to pay 1000$ and switch his case to Premium processing. In this case USCIS will issue the decision in 5-10 days
sfmars said:Based on the law, your husband gets 240 days extension immediately since he files extension, I mean he can continue to work for his current employer (petitioner). It means he can continue to work 240 days from the expiration date of his current visa.
Unfortunately there is a gap in the law, if he works after expiration date and USCIS denies his extension, all the time of his staying after expiration date considered as an illegal staying. If USCIS approves his extension, he is fine.
The solution in your case can be to pay 1000$ and switch his case to Premium processing. In this case USCIS will issue the decision in 5-10 days
Can you elaborate on the "illegal staying" clause. Illegal staying is when you are out of satus, and you are not out of status till your application is deined.
Also as per my understanding, the filing of extension keeps you in status, but does not grant an "automatic extension". In status means you can continue to work and live in US inspite of an expired I94. An "automatic extension" would imply that you can continue to work past the denial (if that happens before 240 days), which is not the case.
Premium processing at this stage may not help much. Unless the REF for documents are for incomplete filing, then you should, in all probablity, should get your approval immediately after REF is responded to.
Sc3 said:Can you elaborate on the "illegal staying" clause. Illegal staying is when you are out of satus, and you are not out of status till your application is deined.
Also as per my understanding, the filing of extension keeps you in status, but does not grant an "automatic extension". In status means you can continue to work and live in US inspite of an expired I94. An "automatic extension" would imply that you can continue to work past the denial (if that happens before 240 days), which is not the case.
Premium processing at this stage may not help much. Unless the REF for documents are for incomplete filing, then you should, in all probablity, should get your approval immediately after REF is responded to.
If you continue to work after I-94 expiration date and H1 extension is filed before that, your status is legal during next 240 days after I-94 expiration days until USCIS isues positive decision. But decision can be not positive. If during those 240 days USCIS denies extension, time from old I-94 exp date to the current date will be concidered as illegal staying. If extension is granted and new I-94 is issued, you are perfectly fine and there is no illegal/legal issue.
For some resons USCIS sometime may approve H1 extension without issuing new I-94, in this case individual can not stay in US anymore he/she must leave US and apply for visa in the original country. In this case it is only privelege of consulate to decide if to issue visa or not. Theoretically consulate will consider the time from I-94 expiration till person left country as his illegal staying.
I hope it helps
unitednations said:USCIS position is that as long as you file extension prior to expiry of I-94 card and then they deny the extension or change of status; you begin to accrue unlawful prescense from the date of denial. It is not retroactive to when the I-94 card expired.
If the I-94 card has expired and then you file for an extension or change of status and it is denied; the unlawful prescense is counted from date of expiry of I-94 card.
To make it clear; if you file before I-94 card and eventually denied. Unlawful prescense from date of denial.
If you file after i-94 card has expired and it is denied; unlawful prescense is from date I-94 card expired.
What you are saying it is may be only position of certain service center.
Per my knowledge there is no such law or even USCIS memo to confirm your words. What would you show at the airport when you are about to leave US and your original I-94 is expired long time ago and you have nothing more to confirm your legal status ? They would place you in the black list right away.
The information which I said I found on www.immigration.com web site as Immigration updates and not in the forum .