H1 expired and New Processing

[sharadpathak]

Hi Rajiv,

If I file for a new H1B Visa (Non-Exempt) before the old one expires (Exempt H1B), then can I legally stay in the country till the new one is approved or rejected?

Also, do the USCIS count the H1B Visa when the receive the application or when the approve the application? I mean if I go for regular processing in the first week of April, would it be counted only when it is approved or when it is received by the INS.


Thanks a ton for your advise.

Sharad Pathak.

 

[Rajiv S. Khanna]

Originally posted by sharadpathak
Hi Rajiv,

If I file for a new H1B Visa (Non-Exempt) before the old one expires (Exempt H1B), then can I legally stay in the country till the new one is approved or rejected?

++++++++++++++++I think there is good argument that you are in status. There is no word from CIS on this.

Also, do the USCIS count the H1B Visa when the receive the application or when the approve the application? I mean if I go for regular processing in the first week of April, would it be counted only when it is approved or when it is received by the INS.

++++++++++++++Received.


Thanks a ton for your advise.

Sharad Pathak.