H1 Urgent Question.

U

ucadi1

Registered Users (C)
Dear All,

I was reading a post on this forum and I got this question. I have recently filed for H1 3 year extention using I-140. I had 2 years pending on my H1 but my lawyer suggested that using I -140 I can get my H1. On my 1-94 card my visa is valid until April 30th 2007. I filed for H1 on December - 4 months ahead- as suggested by lawyer under normal processing.

I have three questions for all of you.

Question 1 - If there is a delay in approval on part of the GOVT and the delay crosses my visa date on my I-94 card, Am I still legal to stay in the country while I'm waiting for extention to be approved?

Question 2- Suppose my visa extention arrives after the date on my I-94 card and I need to get it stamped, Can I stamp in Canada since I dont have a valid Visa from USA and just an H1B approval notice or MUST I GO to INDIA TO STAMP?

Question 3- Considering I have 3 more months on H1 and I have applied for extention normal way, Should I consider premium processing at this stage? Is too short a time for an approval to arrive considering the backlogs?

Please reply to my question. It would mean a lot to me. I have my wife's H4and my H1 hanging by the noose and we only have 3 more months on our previously stamped H1 visa in our passports.

Thank you very very much. Kindly reply. I have nowhere to go.
 
ucadi1 said:
Dear All,

I was reading a post on this forum and I got this question. I have recently filed for H1 3 year extention using I-140. I had 2 years pending on my H1 but my lawyer suggested that using I -140 I can get my H1. On my 1-94 card my visa is valid until April 30th 2007. I filed for H1 on December - 4 months ahead- as suggested by lawyer under normal processing.

I have three questions for all of you.

Question 1 - If there is a delay in approval on part of the GOVT and the delay crosses my visa date on my I-94 card, Am I still legal to stay in the country while I'm waiting for extention to be approved?
You are legal once you file your petition and got reciept notice from USCIS before expiry of your I 94.
Question 2- Suppose my visa extention arrives after the date on my I-94 card and I need to get it stamped, Can I stamp in Canada since I dont have a valid Visa from USA and just an H1B approval notice or MUST I GO to INDIA TO STAMP?
You no need to stamp at all unless you want to go out of USA. IF the H1 approval comes with I 94 at the bottom you can legally stay in USA without any visa stamping in your pp.Question 3- Considering I have 3 more months on H1 and I have applied for extention normal way, Should I consider premium processing at this stage? Is too short a time for an approval to arrive considering the backlogs?
If you have extra 1000$ to sell out you can go ahead to do that. It will not make any difference for extn.
Please reply to my question. It would mean a lot to me. I have my wife's H4and my H1 hanging by the noose and we only have 3 more months on our previously stamped H1 visa in our passports.

Thank you very very much. Kindly reply. I have nowhere to go.
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