H1 visa extension....plz provide me some advice

[mballa]

My H1 expires on 10/28/2002. My company decided to start H1 extenstion processing on the 10/17/2002. They submitted the LC application on 10/17/2002 to the local office.
My question is
-- will be able to submit my H1 extension papers to INS on time before my current H1 expires ( 10/28/2002 ) ..My attorney belives I can. But I want to make sure he is right.
-- if not what are the options i have...do i have to leave this country if so how many days of grace period i have
-- I was told by my friend that I can apply for an H1 extension even after H1 expires with 90 days is it true...i doubt it.
-- I have filed for my I-140 on Aug 12th 2002. ( I haven't filed a concurrent I-485) would this help me in any way..
-- by when should INS receive my papers so that I can conitnue working.

Please adivce me what i have to do if I cannot submit my H1 papers to the INS office before 10/28/2002. Any advices from experts/gurus is greatly apreciated.

Thanks in advance....

 

[jaxen]

You should get your LCA approved by 10/28. Generally it is a 2-3 days affair.
Even if you cannot make it, upto 10 days grace period will not raise any INS eyebrows.

Your friend was probably refering to the INS practice of approving H1 without I94 for people who have been out of status for more than 90 days (but less than 180 days).

Filing I140 will not help you here. But if you have filed for I485, you would not be biting your nails now. Maybe you should file I485 now.