fearing technicality

[scarletlily]

hi everyone. i chanced upon this forum and was hoping someone has any knowledge or experience of what i am going through right now.

here's a backgrounder.

i came on a b2 tourist visa, filed for an extension of b2 visa. while waiting for the results i came across a company who then hired me and filed for a h1b petition. now here's the hitch. since my b2 extension application was pending, the lawyer suggested that we file the h1b towards the end of the requested extension date that i asked for in the extension (which was april 1, 2003 when i was supposed to leave and go back to my country). in short, we filed for the h1b with a receipt date of 3/31/2003 from BCIS. the approval finally came out BUT was valid until 3/15/2003. technically, i am out of status when the h1b was filed. BUT i did not have any way of knowing since the BCIS sent out the notice of approval on the 17th of April which i then received on the 18th of April. the notice date that they indicated in the approval was also 4/17/2003.

my h1b results should be out any day now since it was done via premium processing.

i was told that if the technicality is due to the error/delay of BCIS then they will decide in my favor. is that true?

any thoughts? any suggestions?

thanks so much.

 

[jaxen]

First off this is not a technicality, more like stupidity and wishful thinking by your lawyer.
However BCIS might decide in your favor. It would have been worse, if your B2 extension was denied.
The worst you can expect is a H1 without I94 (sometimes after a RFE), in which case you need to go to the nearest POE and get a new I94 and start working.
If the approval comes with I94 you are good...

 

[GCARMAAN]

H1-B and 7th Year Extension

My Orligina 6 yrs term will end in Oct'2003 and I just got my 7th year Extn so My visa will be valid till Oct '2004

Now Can I chagne company ? If I change company will I get a new H1-b approval till oct'2004 or Not ???