Am I in a MESS or WHAT? H1 extension not through since Sept 06.

Narend

Registered Users (C)
Hello people,
My visa extension was filed in Sept 06. The 797 and my I94 expired on Dec 1st 06.
I had to travel to India during Jan this year and I did. Mid Jan USCIS sent an RFE on my case. My company responded in FEB 07 and I got an email stating case has been resumed.

Now that it has been 60 days, since we filed I called the USCIS and waiting in that long line to talk to Officers. I finally spoke to them. First thing they said is that "They want us to understand the 60 days after case filing is 60 working days and not calendar days" OK Agreed, understood.
Now what about my case. So she asks my WAC# and I give it.
Fine she says there is no problem in the case, only that it is under process and you keep working.

Now was the problem. I am here in India, cannot go back because I did not get my H1B extension as yet and she asks me to keep working.
Honestly I told her, I want to get back to work and that is why I want to know how fast I can get the h1b extension approval.
She says " What, you went out of country - that means you abondoned your H1 extension processing automaticallly". I did not know what to talk to her.
"Thanks for your help and thats all for the day" is what I could tell.

Now people, How many of you have been in a situation where you have gone out of country when Your h1 extensions were filed and were there any issues. Also that I see it is already 7 months since we filed. If I do not get extension within 240 days that means I am not eligible?????????

Guru's, professionals, Advisors and all knowledgeable about immigration , please advice, suggest me on what must I do.. Should I talk to attorney, cant they help?


Ahhh. another thing.. I do have an approved i140 but cannot file 485.. What a miserable life?

HEEEEELLLLLLLLLP. :eek:
 
Now people, How many of you have been in a situation where you have gone out of country when Your h1 extensions were filed and were there any issues. Also that I see it is already 7 months since we filed. If I do not get extension within 240 days that means I am not eligible?????????
Travel during H1 extension should not invalidate your application.
240 days rule is applicable after your authorized stay(I-94) was expired and is the period that you can legally work during pending H1 petition. There is no time limit for pending application.
 
Thanks,

Hi GOTPR,
Appreciate your response. I can breathe little better now. Nice to see after getting your plastic card, you are here to help others.

Cheers,
ND. :)
 
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