H1 extension approval delay beyond 240 days

Discussion in 'H-1 6 Years Expiring' started by imqwer, May 31, 2006.

  1. GotPR?

    GotPR? Registered Users (C)

    I said CIS might not accept the petition for same person and same position from the same employer, but I do not have conclusive evidence for this. I jsut thought that way as it does not make sense to have 2 identical petitions.
    If employer answered to RFE in June, I think it's still too early to consider such an option.
    You can work for 240 days after 8/27 which, I think, is plenty of time in general.

    You probably want to upgrade the case to premium processing if employer is willing to pay $1000.
     
    Last edited by a moderator: Jul 10, 2006
  2. GotPR?

    GotPR? Registered Users (C)

    You are under authorized stay as your petition is pending, but are not authorized to work beyond 240 days.
    Ask your lawyer what "8CFR 274A 12 (b) (20)" is saying. If your lawyer still said it is OK to work, please ask what the legal ground is and post it here.
     
    Last edited by a moderator: Jul 10, 2006
  3. imqwer

    imqwer Registered Users (C)

    Prad74,

    Please speak to your attorney. I would truely appreciate if you could post the legal argument that your attorney is putting in this regard. As far as I have gathered from this forum, we are not authorised to work after 240 days. But of course, no one is a lawyer here. So, this is his field of expertise and he might be knowing something that we don't.
    I am sure this might help a lot of people.
     
    Last edited by a moderator: Jul 10, 2006
  4. singhna

    singhna Registered Users (C)

    7th year extension - 240 days since expiration date

    Hi All,

    I had filed for my 7th year extension based on a pending labor cert, but the application is currently stuck in background check.

    Meanwhile my 240 days limit since i-94 expiry is fast approeching. Is there a workaround to continue working after 240 days?
    The USCIS regulations say that I cannot work for the same employer beyond 240 days? Does it mean I can get my H1 transferred to continue working under a different employer?

    Please help

    Thanks
     
  5. imqwer

    imqwer Registered Users (C)

    For the information of all,

    We have got a confirmation from USCIS that one should stop working immediately after 240 days from the time his/her visa expires. There is no doubts/ ifs in this and there is no room for any maneauvers/speculations. So, if your H1 renewal is pending, you may work for 240 days only after your visa expires.
    However, you may stay in the US as long as you are waiting for your pending petition.
     
  6. GotPR?

    GotPR? Registered Users (C)

    Thanks for sharing.
     
  7. brahmmaji

    brahmmaji New Member

    I am also in a similar Situation (Please advice)


    Hi,
    Did your issue resolved? as I am also in a similar situation. Can we stay after 240 days if the extension status is still pending?

    I appreciate your help.
     
  8. brahmmaji

    brahmmaji New Member

    Please Help on H1 Extension Pending during security checks

    Hi,
    Did your issue resolved? as I am also in a similar situation. Can we stay after 240 days if the extension status is still pending?

    I appreciate your help.
     
  9. kris7077

    kris7077 Registered Users (C)

    you SHOULD get an H1 extension without fail. It helps you stay in status in case your 140/485 is rejected
     
  10. desibabe

    desibabe Registered Users (C)

    h1 extension beyond 240 days

    Hello,

    my h1 extension is stuck in security check, I have seen lot of you have been through similar situation, may be someone can help me...

    - can i work after 240 days ?
    - can i travel outside usa ?
    - any way to expediate process ?
    - can I change to H4 and then H1 again without getting stuck in security chk again?
    - any one got h1 approved after security check yet? how many days it took?

    any help will be appreciated.
    thanks in advance.
     
  11. PleaseHelpMeNow

    PleaseHelpMeNow New Member

    I was not aware of the 240 day period.I was always made to understand that I was legal to stay and work till my extension was pending. This understanding was given to me by my employer.

    Here is the brief about my case:

    My Visa expired on the June 15 2005
    My extension was filed in April end and was received by INS on May 9 2005.
    There was no update from INS till Dec 2005.
    This petition was made a premium one and -
    Some time in January of 2006 INS informed my employer via an email that my case is under strict review. We got this email thrice before we got a verbal communication that my name is pending on a name check and this takes about 6 to 12 months and were informed that the agency which does the Name check takes a long time (agency being FBI/ or one of the 20 other govt. agencies).
    We filed for another H1B which was received on May 9, 2006 and is still pending.
    All this while my payrol has been running and I have been working. I stopped working in Jan of this year when I heard of the 240 day issue.


    My concerns are :
    1)How long can I stay here in the US as legal person?
    2)I am told that FBI has cleared my name and it is pending on a background check in India. How can I find if this true? All this information is given to me by the employer and there is no written communication.
    3)Do you know what should be my next step other than wait and watch?
    4)Also,is it true that the H1B extension is filed and given if you are in the US?
    Does it become null and void if the beneficiary is outside the country.

    I will be glad if someone can help me.

    Thanks
     
  12. imqwer

    imqwer Registered Users (C)

    GUYS WHO ARE IN THIS SITUATION KEEP THINKING THAT MAY BE THIS IS WRONG, MAY BE THERE IS SOME WAY AROUND THIS, SOME EMPLOYEES ALSO DO NOT TELL THE CORRECT INFORMATION, HERE IS THE CORRECT INFORMATION ONCE FOR ALL

    You can stay in the US legally as long as your application stays pending. But staying and working are two different matters. You cannot work legally 240 days after the expiry of your H1. That too if your application was filed in time. ​
     
  13. Cincinnati

    Cincinnati Registered Users (C)

    Same situation

    My I94 expired on 01/01/2007. My H1extention and transfer was filed on 7 Dec thru premium processing and it went in security check. My previous employer filed my GC application on 01/09/2006 with subsiture labour. All the applications 140/485/AP/EAD were on hold because of security check.

    Now i have no hope that my H1 extention/Transfer will come before 240days and unfortunatly you cant do anything about it except wait wait and wait..... Good thing is i know that i have around 200 days now to pack up my stuff and get ready to leave.... :(

    I am even in worst condition as my driving license is expired and DMV is not issuing me the new one as i dont have valid I94. :mad:
     
  14. desibabe

    desibabe Registered Users (C)

    I129 security chck is ibis check?

    dhs(dot)gov(slash)xoig(slash)assets(slash)mgmtrpts(slash)OIG_06-06_Nov05(dot)pdf

    according to above articals appendix C, I129 application goes for IBIS name check only?
     
  15. spizie3

    spizie3 New Member

    Same problem for me in 2009!

    Hi Desibabe, Aries,

    Anyone from this thread got their cases resolved yet?

    Application for 3 yr extension received California center: Sep 19th 2008

    Status: Pending : Security Check

    Made Premium: Mar 12 Mar - No response yet

    240 days up on May 28th 2009.

    Drivers license expires on May 31st 2009. No renewal without valid I94.

    I'l greatly appreciate if you could please respond if, how and when your cases were resolved.
     
  16. munee

    munee New Member

    Did you get clearance from security? how much time it took? Please help explaining your situation afterwards?
     
  17. munee

    munee New Member

    Did you get clearance from security? how much time it took? Please help explaining your situation afterwards?
     
  18. munee

    munee New Member

    Did you get clearance from security? how much time it took? Please help explaining your situation afterwards?
     
  19. munee

    munee New Member

    Did you get clearance from security? how much time it took? Please help explaining your situation afterwards?
     
  20. munee

    munee New Member

    Did you get clearance from security? how much time it took? Please help explaining your situation afterwards?
     

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