H1B and H4 EXTENSION

dineshsinghm

New Member
Hi,
My visa is going to expire on Nov'2002.We applied for H1B and H4 extension.Let me know if H1B doesn't come by Nov'2002.
If H1B extension will come in mid of Nov'2002 how to get restamped?
Thanks in advance.
-Dinesh
 
have proof of filing extension...

That is enough to show that you have valid status for working in US. U can get the stamp only after getting the approval.

You can work in US for 240days+ from the date of expiry of previous stamp if a h1 extension is pending.
 
H1-B Extension

I will finish 6 Years on H1-B on 15-Aug-2002 (While I-94 attached on the passport has validity till 15-JAN-2003). So far i have spent around 3 months outside USA while working on H1-B visa. My company is planning to file 3 month extension (based on Recapture time spent Outside USA while on H1-B) so that i can finish my remaining assignment/work and go.

I have few question :
- While my case of H1-B Extension is pending, can i legally stay in US after 15-Aug-2002 OR i will be count as out of status ?
- If INS won't approve my extension and it will take them around 2 to 3 months to give the decision, what will be my status during these period ? Will my stay during this period count as legal ? (i.e. Will INS count my stay from 16-Aug-2002 to time they give decision as Out of Status ?)
- In my case if extension is denied when do my stay in US will be count as out of status ? If i stay out of status, what kind of Patently INS give ? (Like one can't enter US for another 3 or 10 Year)
- If the extension is denied, then how much time INS will give me to leave the country ?
- What are the chances of getting Extension in my case.

Thanks in Advance
 
Answers for myh1

While an extension application is pending, you are in status. If INS denies your extension, you have about 10 days to pack and leave. If you stay after 10 days, you will be counted towards out of status days from the date you received letter of denial from INS (not before)

Chances of getting the extension- Anybody's guess. different service centers have intrepreted this differently. Lately many such apps have been rejected.
 
H-1B extension rejection,any examples??

what scenarios are there of H-1B extension getting rejected?
Mine has filed in May in Texas and still no reply, so getting anxious.

Any specific examples with INS reasons ?

Thanks,
:confused:
 
H-1B extension rejection,any examples??

what scenarios are there of H-1B extension getting rejected?
Mine has filed in May in Texas and still no reply, so getting anxious.

Any specific examples with INS reasons ?

Thanks,
:confused:
 
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