H1B expires soon: Regular or premium processing for extension?

[Santam]

Dear friends, I would deeply appreciate your help with following questions. my H1B expires next month, on April 13 2011, and I-94 has as a hand-written date saying May 13 2011. This is going to be my 2nd extension past 6 years.

1. Does a date on i-94 allow me two months. enough for regular processing instead of premium processiong?

2. Do I have chance of getting a tleast a receipt notice under regular processing? Will that make me eligible to stay /work past May 13th?

3. Am I asking right questions, or missing something?

 

[ginnu]

Dear friends, I would deeply appreciate your help with following questions. my H1B expires next month, on April 13 2011, and I-94 has as a hand-written date saying May 13 2011. This is going to be my 2nd extension past 6 years.

1. Does a date on i-94 allow me two months. enough for regular processing instead of premium processing?

2. Do I have chance of getting atleast a receipt notice under regular processing? Will that make me eligible to stay /work past May 13th?

3. Am I asking right questions, or missing something?

---------- Your Employer should file H1 extension and Extension Petition must reach USCIS BEFORE April 13 2011(even if the I-94 expiry is May 13 and it can be wrong). Normally USCIS sends receipt of H1 extension filing in 15-20 days after they get the Petition
**Once H1 extension is reached USCIS and you get H1 extension filing receipt you can work on H1. FYI at this time USCIS is asking lot of documents from employer and sending RFE and best option will be to file H1 through premium processing so that you know the results in 20-25 days from the date H1 extension reach USCIS.

 

[Santam]

Thanks for your advice, Ginnu. May I ask another question? I have I-485 in process for a few years. If H1B application is received to USCIS say a month before visa expiry, and receipt doesn't come before April 13th, is one eligible to stay in US until they hear from USCIS ? Just a theoretical question...

 

[ginnu]

Thanks for your advice, Ginnu. May I ask another question?
I have I-485 in process for a few years.
-----do you have valid EAD in hand?
If H1B application is received to USCIS say a month before visa expiry(it SHOULD BE I-94 Expiry Date), and receipt doesn't come before April 13th, is one eligible to stay in US until they hear from USCIS ?
***Yes
----- Visa stamp is only for entry to US. Your Employer must file H1 extension BEFORE your I-94 gets expired and H1 extension Petition must reach USCIS Before I-94 expiry date or one can file H1 6 months advance of I-94 expiry date.

Once the H1 extension reach USCIS with correct fees Before I-94 gets expired then USCIS sends H1 extension filing receipt in 12-20 days once USCIS gets H1 extension filing petition. One can send the Extension petition by FedEx or return receipt so that you know it reached USCIS on time.
Just a theoretical question...

---------------- keep the valid EAD in hand and you have Pending I-485 and you can use EAD for work in H1 gets denied .
You did not post if your I-140 is approved and when it was approved.
You did not post when I-485 was filed
you did not post if you have Valid EAD in hand.
When you want answer for particular situation you need to provide full details of your situation.

 

[Sinha_11]

H1B Petition got revoked. Can it be used for CAP exemption when filing new H1B

Hello,

I name was picked up in H1B 2008 Cap & my petition got approved. But when I went to Calcutta consulate for stamping then denied the visa , said that there is no job in USA & Job description which was mention with I129 is not enough.
They kept all my H1 related document & petition & said they will revoke the petition & I think my petition got revoked.

Now I am working with CSC India & there is opportunity in USA. Is it possible possible to file new H1B using old petition reference , so that I get exemption from current cap of 2011 ? as I have photo copy of my old approve H1B petition.

Regrads,
Amit Sinha

 

[ginnu]

Hello,

I name was picked up in H1B 2008 Cap & my petition got approved. But when I went to Calcutta consulate for stamping then denied the visa , said that there is no job in USA & Job description which was mention with I129 is not enough.
They kept all my H1 related document & petition & said they will revoke the petition & I think my petition got revoked.

Now I am working with CSC India & there is opportunity in USA. Is it possible possible to file new H1B using old petition reference , so that I get exemption from current cap of 2011 ? as I have photo copy of my old approve H1B petition.
-Yes New employer can file H1 with Copy of old H1 approval notice. If the consulate rejected your Visa and found that your education/exp does not match with the job of old employer then rejection was due to your education Or due to Employer information that employer does not have job Or employer may have violated H1 regulation/rule or may have kept others on Bench in past and may have not paid Or may have not real job.
Let the new employer file through good lawyer. Dont Pay to US employer for H1 and dont file H1 through Desi employer because Desi employer may not have real job for you. Dont leave your job in India at this time. Even if H1 gets approved and you get H1 Visa stamp make sure that once you reach US the employer will pay you many come on H1 and then dont find job and are being sent back and then again one has to search for job in India.

Regrads,
Amit Sinha

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[Sinha_11]

Thank you very much Ginnu.
I had L1 Visa & was in USA for 2 years.
I have just Photo Copy of my I797 petition & copy of I-129. will that work ?

 

[ginnu]

Thank you very much Ginnu.
I had L1 Visa & was in USA for 2 years.
I have just Photo Copy of my I797 petition & copy of I-129. will that work ?

Photo Copy of past H1 approval will work. New companyEmployer/ Lawyer ko Bata dena ki past main H1 aap key liye Approve hua tha.