H1 Extension related Isssue......HelpMe plz

[mohankiran1982]

Hi,
My H1 expired on OCT 1st 2008 and I landed in USA on 22 nd SEP 2008 on a assignment, Immediately after landing my extension has been filed by my employer on 25th SEP and I have received and Receipt Number saying that they recieved and Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER. So how much longer would it take for me to get an approval and now as I am staying in US so is it legal to stay with expired visa and case status pending with USCIS. Now if I want to travel back to india will there be any problem before I get my approval for H1. Please let me know ASAP as I have to go to India on a serious problem. I am new to US and so I can't find anyone giving a better suggestion and I have been said that this is the best site toget the solution for my issue.Thanks in advance.

regards
Mohan

 

[catalystgod]

Hi,
My H1 expired on OCT 1st 2008 and I landed in USA on 22 nd SEP 2008 on a assignment, Immediately after landing my extension has been filed by my employer on 25th SEP and I have received and Receipt Number saying that they recieved and Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER. So how much longer would it take for me to get an approval and now as I am staying in US so is it legal to stay with expired visa and case status pending with USCIS. Now if I want to travel back to india will there be any problem before I get my approval for H1. Please let me know ASAP as I have to go to India on a serious problem. I am new to US and so I can't find anyone giving a better suggestion and I have been said that this is the best site toget the solution for my issue.Thanks in advance.

regards
Mohan

My current I-94 has already expired. However, it is still legal for me to stay since there is a 240 day rule stating that its legal for anyone to stay in the US while their case is PENDING, for a period of 240 days from our date of application.

For eg: If I applied in NOV 08, my visa expired in feb 2009, its legal to stay till June 2009 (240 days from nov 2008) as long as a negative decision has not been made on my case.