H1 Expired, Extension has not aproved

K

koray

Registered Users (C)
Do you become "out of status" if the H1 expired and the extension has not approved yet. Is it legal to work while waiting H1 extesion to be approved? What happens if INS questions the status in the mean time?

Thanks
 
Koray

U R not out of status but you can't work on expired H1. INS won't ask you in future as they already know that you applied for extension.
 
It depends

If you did file for H1B extension before the current H1B expired, then you are all set to work until INS adjudicates the extension application. I was in that boat too. INS may issue a query about your past employment history for the last 5 (?) years.
 
Yes, If you have filed your H1-B extension before your H1-B got expired, you would be fine and very well in status. Do not worry as my h1-B extension took amost 8 months and 18 days after filing. You need not worry for 240 days effective from date of H1-B expiry (provided you filed your H1-B extension before expiry of H1-B).
If you filed your H1-B extension after expiry of H1-B than you gotta problem. Consult your attorney.
Guess this gives you ample clear picture.
Best Of Luck!!
 
How come?

Hi,

I am pretty much in the same boat as koray.

How come the latest processing times for Vermont say that they are currently processing extension applications received in August 2002 but people like me who have filed for extension in June have not received an extension yet?

Thanks
Indianh1b
 
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