H1 extension- what happens if out of status for 15 days?

T

techy2468

Registered Users (C)
sorry unrelated thread....but not getting reponse in the H1 section
------------------------------------------------------------------
my spouse's h1 is expiring in march 31, we have filed for extension in jan 06, current processing date is dec 02.

with the above processing date it looks like my spouse will be out of status for about 15-20 days.

what shall i do?
 
that means they account the Receipt date rather than the approval date even for an extension.

I think you are right, since i saw somewhere that someone has a RD 5 days later than their expiry date, in which case they are out of status for 5 days.
 
240 day rule: If the employer files a timely extension of stay petition, the employee may continue to work for a period not to exceed 240 days while the application is pending, beginning on the date of expiration of the authorized period of stay. If INS denies the application for the extension of stay, employment authorization automatically expires on the date of the INS's notification of denial.

So looks like you may relax
Be sure to submit I-9 form, so the salary is not interrupted.
 
Last edited by a moderator:
when last time I did my extension, the approval notice arrived me far after my first I-94 experied. You are might. You only need you receiving notice well kept.
 
thanks to all for answering my question.....you have the blessings of a poor/suffering immigrant :D (i almost sound like a old lady on sticks......, thanks to uscis my backbone is broken....and all my blood has been sucked by middle men..)
 
techy2468 said:
thanks to all for answering my question.....you have the blessings of a poor/suffering immigrant :D (i almost sound like a old lady on sticks......, thanks to uscis my backbone is broken....and all my blood has been sucked by middle men..)
Click to expand...


Hi Techy,

Need not bother, I had to do similar case for my wife (I 539) and receievd date was Jan2, 06 at TSC. They are currently doing Dec 2, 05. However, I rec'd the approval notice last weekend.

It appears TSC processes the cases later than the date showns and I have experienced this atleast 4 times for my applications.
 
Be sure not to forget I-9 !!!
Actually employer will probably remind your spouse, but don't forget yourself just in case :)
 
h1 to h4

I have couple of Questions. I entered the country on h4 and converted to h1. Now i am in the sixth year of my H status. Now my visa expires on feb 27 2006, my employer tells me that he forgot to file for my visa extension.

1. Can he file for my visa extension as there are couple of days left for the visa to actually expires.
2. Can I go on my husbands dependant visa..can I transfer to h-4 status. he has already got his sixth year extension.

3. how much is the filing fees for h-4

4. Is it too late for me to apply for my extension on h1b or go on h4 status.

Any kind of information will be helpful. Thanks!!!
 
nidhisethi said:
1. Can he file for my visa extension as there are couple of days left for the visa to actually expires.
Click to expand...
Yes, he can. My extension was filed in the last day and it was granted.
 
nidhisethi said:
I have couple of Questions. I entered the country on h4 and converted to h1. Now i am in the sixth year of my H status. Now my visa expires on feb 27 2006, my employer tells me that he forgot to file for my visa extension.

1. Can he file for my visa extension as there are couple of days left for the visa to actually expires.
2. Can I go on my husbands dependant visa..can I transfer to h-4 status. he has already got his sixth year extension.

3. how much is the filing fees for h-4

4. Is it too late for me to apply for my extension on h1b or go on h4 status.

Any kind of information will be helpful. Thanks!!!
Click to expand...

use form I539, $200, do it youself , no need for attorney, can do it in a couple of hours.
 
see if they allow online filing for extension..........you may file it even in midnight and stay in status...
 
You must log in or register to reply here.
Top