H1 B 6 years expiring. What are my options?

S

Sam_4676

New Member
Here is my situation.

1) My H1 B(6 years) is expiring on Dec 18th 2007.
2) My Labor was applied on April 2007. So i don't qualify for the 365 days rule. btw my labor was approved on May 2007.
3) I 140 was applied and got receipt on July 7th 2007. Still pending.
4) Applied for I 485 on Aug 7th 2007. Have not applied for EAD/AP.

What are my options to continue working post Dec 2007. This is what i know and i am hoping that you guys will help me out here.

1) If I 140 premium processing is re instated then i can apply for that and then apply for 3 yrs H1 B extension. I should be fine then.
2) If i get my I 485 receipt soon(?), then i can apply for EAD and continue working. But that could take for ever, right!

Is there any other option available to me? Can a person continue to stay and work only based on a pending AOS?

Thanks in Advance for your help.
 
Sam_4676 said:
1) If I 140 premium processing is re instated then i can apply for that and then apply for 3 yrs H1 B extension. I should be fine then.
2) If i get my I 485 receipt soon(?), then i can apply for EAD and continue working. But that could take for ever, right!
.
Click to expand...

1) If your PD is not retrogressed in Dec, you can not get 3 year extension even though I140 is approved.

2) Apply EAD now.
 
Does that put me out of status?

Hi friends,
I have a rather unique situation:

- My 6 yrs of H1 expired in Aug 2007 (although the extension that I received from INS was, I think erroneously, till Nov 2008)
- I applied for an H1 extension in May 2007 (based on approved 140)
- My employer tells me that the check for the H1 extension was encashed 2-3 months back
- Till date, I haven't received the H1 extension.

My question is:
Am I out of status currently?
 
H1-B Expiring - When will I-140 PP be reinstated

I have a unique situation. My 6 years of H1-B expired on 1st Sept 2007. I was outside the country for 6 months an that time was recaptured and my h1extended till feb 08.

My labor was applied in July (Atlanta processing center) and still unapproved. There was an audit on my labor and the reply is still pending. My lawyer tells me that my Labor should be approved by Month end, but I-140 processing is taking 8 months at Texas and I will run out of time before it get approved.

Do I have any options? Is anyone else in a the same / similar boat? As per my lawyer I have no options but to go out of the country. Any advice is welcome.

Regards,
 
h1 premium

Hi friends,
I have to travel to India (tickets booked for 11/09/07) and haven't received my H1 extension papers yet (140 approved).
My employer and lawyer assure me that the H1 extension was applied in premium a week or so back, but the web site and the hotline don’t have any information for the H1 extension been put in premium.

Two questions:
- Is it possible that the website and hotline have outdated info?
- Would the recipt number for the H1 premium case be the same as the non-premium receipt that we received earlier? (I read on this forum that the receipt number (for tracking on website) will remain the same, just looking to confirm)

Thanks
 
H1b Pending

Quick question, please, guys:

My h1b (premium processing) extension is pending (140 approved).
Can I travel out of the country before the approval and then get the approval documents sent to me in India? (Keeping my fingers crossed that an RFE doesn;t come)

Thanks much
 
maansi28 said:
My h1b (premium processing) extension is pending (140 approved).
Can I travel out of the country before the approval and then get the approval documents sent to me in India?
Click to expand...

Yes you can travel, but you will need a new Visa to return. The extension is only an extension if you stay in the US.
If there is a major issue, you could still legally work in and stay in the US while you appeal, once you are abroad you lose that advantage.

Hope it helps!
 
sumit_78 said:
My lawyer tells me that my Labor should be approved by Month end
Click to expand...

Sorry to disappoint you, but in Atlanta, it is sheer luck of when your application will be worked on. Some people report approval in less that 2 weeks, and others are waiting to 6 months and more. I suggest you refer to trackitt . com to see the approval trend.

sumit_78 said:
but I-140 processing is taking 8 months at Texas and I will run out of time before it get approved.

Do I have any options? Is anyone else in a the same / similar boat? As per my lawyer I have no options but to go out of the country. Any advice is welcome.

Regards,
Click to expand...

You could leave the country now, return shortly before your Visa expires, and file for another recapture. But that is not guaranteed.

My H1 is expiring in January, and I am getting my mind set to leaving the US. :eek: :(

The company's attorneys advise NOT to call the DOL or any politicians.
 
Go2ru...

Here is the story:

I filed for an H1 extension in feb 2006 and USCIS gave me an extension (I think in error as my 140 was not yet filed or

approved) for 2 yrs and 8 months. As a result, my current H1 extension expires in Dec 2008.

I discussed this with my attorney and we decided to file for an H1 extension as if the extension was only till Feb 2007.

Now I need to travel to India in the next 7 days and still don't have my 'correct' H1 extension. I have done everything IO

can, including upgrading to premium, to get the 'correct' extension. Today, my employer called USCIS and spoke with an

immigration official and here is what were told:
Why are we trying to do a premium process, when the H1 end date is in Dec 2008? After explaining to her what it is that we

are doing, she just said "our system shows he has a valid visa till Dec 2008 and according to me, he should have no problems

entering the US again"


As you can probably guess, by now I am at the end of my wits, not to mention the mental and financial agony.

Please have advised that I can travel on the current H1 extension that is till Dec 2008, get that stamped and travel back to US?
your opinion is much appreciated.
 
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