H1 extension approval delay beyond 240 days

harryali

Registered Users (C)
#22
When to file for H1b 7th Year Extension:

Guys,

My H1b is expiring in early December-2006, when do I need to file for 7th year extension (I am in 6th year of my h1b). My labor is in pending with PBEC for more than 4 years.

I know that I can file for extension 6 monhts prior to the expiration date, but IF I apply in August or 3 months before the expiration date, will that be enough for H!b extension processing?

Thanks,
Haider
 

GotPR?

Registered Users (C)
#23
harryali said:
Guys,

My H1b is expiring in early December-2006, when do I need to file for 7th year extension (I am in 6th year of my h1b). My labor is in pending with PBEC for more than 4 years.

I know that I can file for extension 6 monhts prior to the expiration date, but IF I apply in August or 3 months before the expiration date, will that be enough for H!b extension processing?

Thanks,
Haider
No need new H1 is approved before expiration. Need to FILE extension before expiration.
 

gctarget06

Registered Users (C)
#24
As far as I know...every one has to go through the "security check" irrespective of whatever petition it might be....check is usually clear in a matter of few weeks specially in Non-muslim cases. But if you happen to be a muslim, 99.99% chances are that your name check would take years to clear/complete. which means that everyone would have to leave regardless of the outcome of the security check ??? :confused: that doesn't make any sense...it is totally rediculous............. :mad:


imqwer, aries-man and others in the same boat....what's your plan ?? where you at as far as this issue is concern ?
 

aries-man

Registered Users (C)
#25
gctarget06

i dont think it matters whether you a muslim or not, i am hindu and my H1 is stuck in security check for 1 year and 4 months so far.
I agree, Its totally unacceptable when they say that it can take as long as it takes for the security check to be cleared by the FBI or what ever agency.
Some one should be accountable for this down the line.

I have been in this country for 9 years, initially as a student and never even had a traffic violation.
I never had any problems clearing any job related background checks.

I dont understand what additional checks do they do , or if they actually do something in this case
Its totally frustrating, I cannot leave this country and go out because it will be treated as abandoning the extension petition
 

gcwait11

Registered Users (C)
#26
aries-man

Are you still working with same company? if yes then from where u got information that you can continue working with company after 240 days of i-94 expiration?
Please reply...i am in hell now bcaz of this uscis
 

gctarget06

Registered Users (C)
#27
aries-man said:
gctarget06

i dont think it matters whether you a muslim or not, i am hindu and my H1 is stuck in security check for 1 year and 4 months so far.
-------same is true with me as well. but there must be something in your name and my name which produced hits. once your name matches or produce hits, you are pretty much screwed for several years. in case of muslims, 99% of the time it produces many hits as their names unfortunatley matches with their entries into FBI's database.
I agree, Its totally unacceptable when they say that it can take as long as it takes for the security check to be cleared by the FBI or what ever agency.
Some one should be accountable for this down the line.

I have been in this country for 9 years, initially as a student and never even had a traffic violation.
I never had any problems clearing any job related background checks.
--------Same goes with me as well.


I dont understand what additional checks do they do , or if they actually do something in this case Its totally frustrating, I cannot leave this country and go out because it will be treated as abandoning the extension petition
------------A manual check/examination is required by an FBI agent when your name search returns "hits" and thats why its take too much time. few agrents are assigned to do this job and it doesn't fall into thier priority work....

Can anybody share the info from their attorney regarding the il/legal stay after 240 days ?? please share the info......
 

imqwer

Registered Users (C)
#28
Please write what you did after 240 days?

I have been told by my company that I cannot work after 240 days from the expiry of my I-94. They are contacting the local congress man and the company lawyer is exploring options.

My question is :
How could one continue to work after 240 days? Is there any way? What did you do?

I had initiated this thread with the hope that some one would come up with his personal experience that would help all. Some people have posted that they had the same problem. But please go a step ahead and write what did you do after 240 days. I hope this will help a lot of people.

As far as name check is concerned, if you are Muslim like me, you are done. Some of our Hindu friends are also struck by some matching names. If the extension does not get approved in 4-5 months time, then you are in for a long long wait, I guess.
 

GotPR?

Registered Users (C)
#30
imqwer said:
My question is :
How could one continue to work after 240 days? Is there any way? What did you do?
Law is very clear in this case. and you can not work beyond 240 days.
You either go out and work remote, or expedite extension process(which you can not expect much).
 

imqwer

Registered Users (C)
#31
240 days fast approaching - I am done, it seems !!

My 240 days are fast approaching and still there is no sign of H1 renewal. It is struck with FBI. I do not see it coming soon. My company keeps telling me that USCIS will clear the case soon. They do not say anything about what happens if the case is not decided beyond 240 days. Now my question is:

1. Who is responsible for making sure that I stop working after 240 days? Is it my responsibility or my company 's ? What is the penalty in case if I keep on working and my company also keeps it 'don't care' attitude ?

2. Poeple say that I do not need to leave the country. I am here on H1 due to work that I do for my company. If I stop working, then what is my justification of staying in the US after 240 days have passed?

3. Is there any guidance in the law for cases like me as to what happens after 240 days?

I would appreciate response to my questions.
 

GotPR?

Registered Users (C)
#32
imqwer said:
1. Who is responsible for making sure that I stop working after 240 days? Is it my responsibility or my company 's ? What is the penalty in case if I keep on working and my company also keeps it 'don't care' attitude ?

2. Poeple say that I do not need to leave the country. I am here on H1 due to work that I do for my company. If I stop working, then what is my justification of staying in the US after 240 days have passed?

3. Is there any guidance in the law for cases like me as to what happens after 240 days?
.
1. Reponsibility must be on both. It's unauthorized work. Well, I believe you do not want to answer YES to the quetion asking about illegal work in visa application next time you apply and GC application.
2. pending petition must be legal ground.
 

imqwer

Registered Users (C)
#34
Please explain

samujosh said:
u can transfer ur h1b that way you can continue with ur work....

Would you please explain your answer? My H1 is already expired for 7+ months. How can it be transferred while awaiting renewal in expired status?
 
#35
imqwer said:
Would you please explain your answer? My H1 is already expired for 7+ months. How can it be transferred while awaiting renewal in expired status?
You can transfer visa. extension u filed its on time so its not ur fault. Regarding this please consult good lawyer. i am 100% sure u can transfer ur h1b. Dont just depend on this forum.
 

dsugandhi

Registered Users (C)
#37
GotPR? said:
i do not think CIS accepts 2 petitions for the same person from the same company under the same position.
Do you have any article, reference or any other documentary proof about your above sentence?

Thanks,
 

GotPR?

Registered Users (C)
#38
dsugandhi said:
Do you have any article, reference or any other documentary proof about your above sentence?

Thanks,
No document I have, but here is what CFR says(as quoted in earlier post).

"These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay"

Authorized stay starts upon expiration of I94. Even though it is possible to file new petition again, I believe the start date of authorized stay(which is I94 expiration) is unchanged and authorized work is supposed to be expired 240 days after the I94 expiration.

If that is possible, 240 days rule has no meanings, doesn't it ?
 
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dsugandhi

Registered Users (C)
#39
GotPR? said:
No document I have, but here is what CFR says(as quoted in earlier post).

"These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay"

Authorized stay starts upon expiration of I94. Even though it is possible to file new petition again, I believe the start date of authorized stay(which is I94 expiration) is unchanged and authorized work is supposed to be expired 240 days after the I94 expiration.

If that is possible, 240 days rule has no meanings, doesn't it ?
GotPR?,

Thanks for explanation. I appreciate your reply.
Just one more query,
Can an employer file a second H1 extension petition for the same beneficiary for the same post whose first H1 extension petition is pending but I-94 is not expired yet?
Just to make more clear let me give you exact example:

Person X is working on H1 with company ABC whose I-94/H1 is expiring on August 27th 2006. ABC company filles a H1 extension for person X on May 23rd 2006. On June 10th 2006 employer receives a RFE and responds to RFE. Now employer and employee is waiting for H1 extension decision.
To be on the safer side, company ABC decides to file another H1 Extension petition for employee X for the same post before 27th August 2006 (I-94/H1 expiration date of person X).

Can company ABC be allowed to file another H1 petition for person X for the same post before 27th August 2006 (I-94/H1 expiration date of person X) knowing the fact one H1 extension petition is pending for the same employee/employer for the same post?
 
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#40
I am also in the same case. My employer told that it is fine to work beyond 240 days as he checked with an attorney. Hence don't know what status I am in.
Does anybody know AC21 memo which can be used to work beyond 240 days of earlier H1 expiry date?

Thanks
 
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