I need help from some knowledgeable gurus. Here is my situation.
My H1B extension wsa filed in Oct 2005. We got receipt on Oct 15 2005. My H1 was expiring on Nov 15 2005. My case is still pending. My company enquired the status from USCIS. They say that the case is undergoing security check. I understand that I can remain in status till July 15, 2006. After that date, if my case still stays pending, I will have to leave the country because of the 240 days rule. My questions are:
1. It is not my fault that the case is still pending. So why should I have to leave? I filed in time. Is there any legal relief that I can seek or I have to leave no matter what is the status of my application. My understanding is that I will have to leave. Can anyone comment?
2. I asked my company to upgrade my application to premium processing. They replied that USCIS does not allow upgrading like that and they were refused the upgradation in a prior case similar to mine. Are they correct?
Any suggestions / advice from gurus is most welcomed.
My H1B extension wsa filed in Oct 2005. We got receipt on Oct 15 2005. My H1 was expiring on Nov 15 2005. My case is still pending. My company enquired the status from USCIS. They say that the case is undergoing security check. I understand that I can remain in status till July 15, 2006. After that date, if my case still stays pending, I will have to leave the country because of the 240 days rule. My questions are:
1. It is not my fault that the case is still pending. So why should I have to leave? I filed in time. Is there any legal relief that I can seek or I have to leave no matter what is the status of my application. My understanding is that I will have to leave. Can anyone comment?
2. I asked my company to upgrade my application to premium processing. They replied that USCIS does not allow upgrading like that and they were refused the upgradation in a prior case similar to mine. Are they correct?
Any suggestions / advice from gurus is most welcomed.