H1B extension, out of status

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silver001

New Member
Hi, I think I am in a big mess.

My H1B expired on Feb 01, 2007. My company had filed for my extension in Jan 2007 but INS sent a RFE on my case. The second time my company submitted, INS got my application on Feb 09, 2007. Though INS approved my I-797, they have sent a letter stating that I am out of status since they recieved my application after my H1B expiry date and that I have to leave the country(I got that letter on April 19th). They also said that they sent the case file to the consulate in Delhi.
The lawyer have suggested that I go for a visa interview in Delhi with the approved I-797 at the earliest. Another option is to file a petition but that is not a smart move as if the petition gets rejected, then I will accrue a lot of illegal dates in my case and will have to go back for an interview in any case(and the chances of getting the visa will be less than what it will be if I go immediately for an interview).

Has anyone been thru this experience before and what are the options I have?

I have never been out of status before and have never been on the bench. Thank you all for your help and if anyone is applying for extension, please make sure to apply with a lot of time in hand.

Thanks.
 
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silver001 said:
Hi, I think I am in a big mess.

My H1B expired on Feb 01, 2007. My company had filed for my extension in Jan 2007 but INS sent a RFE on my case. The second time my company submitted, INS got my application on Feb 09, 2007. Though INS approved my I-797, they have sent a letter stating that I am out of status since they recieved my application after my H1B expiry date and that I have to leave the country(I got that letter on April 19th). They also said that they sent the case file to the consulate in Delhi.
The lawyer have suggested that I go for a visa interview in Delhi with the approved I-797 at the earliest. Another option is to file a petition but that is not a smart move as if the petition gets rejected, then I will accrue a lot of illegal dates in my case and will have to go back for an interview in any case(and the chances of getting the visa will be less than what it will be if I go immediately for an interview).

Has anyone been thru this experience before and what are the options I have?

It happened to many guys, where H1 got appoved , but EOS is not approved (No I 94 attached to H1 approval). You have only one option, go out side US get H1 visa stamped and re enter US.I have never been out of status before and have never been on the bench. Thank you all for your help and if anyone is applying for extension, please make sure to apply with a lot of time in hand.

Thanks.
Click to expand...
 
Thanks for the reply, appreciate it.

The visa stamping odds will not be as good as compared to a regular extension case. I guess I'll find out the hard way. Thanks again.
 
You said, your company filed H1-B in January, 2007, Do you have the post office receipt?. If you have and you can prove that your case was mailed before the expiry date, than you can ask USCIS to open the motion to reconsider your case. or you can give them any valid/satisfactory reason as medical something like that will also work. But please consult with the Attorny, I think it will work.
 
Thanks for the reply, the attorney suggests that I should go back and attend the visa interview and I am doing so. He says that if the petition is denied then it'll cause further unnecessary hassle. If someone has been in a similar situation, please feel free to share your thoughts regarding what kind of difficulties one might face during the interview. Thanks.
 
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