H1B extension problem... URGENT, help needed!

P

pineyan

Registered Users (C)
My first 3 year of H1B has already expired on November, 2003. I filed my extension last July and one year has passed but not approval notice has been got from INS...
I heard that there was a 240 day grace period and by caculation, my grace period will end by the end of this week! I just want to know what will happen if I don't get the approval after grace period ends. Will I be out of status? Or I just can't get salary from my company?

Urgent! Thanks very much for your help.
 
pineyan said:
My first 3 year of H1B has already expired on November, 2003. I filed my extension last July and one year has passed but not approval notice has been got from INS...
I heard that there was a 240 day grace period and by caculation, my grace period will end by the end of this week! I just want to know what will happen if I don't get the approval after grace period ends. Will I be out of status? Or I just can't get salary from my company?

Urgent! Thanks very much for your help.
Click to expand...
----Your lawyer who filed the H 1 extension should send enquiry to CSC
did you have H1 transfer filing reciept???
 
They told me that a inquiry has been sent in on 5/20/04 and they are supposed to give us information within 30 days. While the time has already passed and nothing is given.

I have the H1B extension receipt number and online status check still show that it is pending...

So what else can we do other than sending in the inquiry? Will I be out of status after 240 day limit?

The problem is that this was done by HR department instead of a Lawyer, so things are getting some kind of unknow to me...

Thanks
 
pineyan said:
They told me that a inquiry has been sent in on 5/20/04 and they are supposed to give us information within 30 days. While the time has already passed and nothing is given.

The problem is that this was done by HR department instead of a Lawyer, so things are getting some kind of unknow to me...

Thanks
Click to expand...

30 days may not be feasible.In many cases,they may not even reply come what may.I guess no one cares there and probably they put such letters into shredder without even looking into them.

So, dont hope to receive a reply from them.You may never receive one.

Better try to get a lawyer involved immediately.

Wait for ginnu to reply too and see what he says about this and your other issues.
 
GCChaahiye said:
30 days may not be feasible.In many cases,they may not even reply come what may.I guess no one cares there and probably they put such letters into shredder without even looking into them.

So, dont hope to receive a reply from them.You may never receive one.

Better try to get a lawyer involved immediately.

Wait for ginnu to reply too and see what he says about this and your other issues.
Click to expand...

Thanks for your help!
I'v pushed the company to get a lawyer to handle this
But it may not be immediately... :(
 
pineyan said:
They told me that a inquiry has been sent in on 5/20/04
--- Who is "THEY" do you mean lawyer or NCSC if it is NCSC you will not get any updates that 1-800 and NCSC is BS...
and they are supposed to give us information within 30 days. While the time has already passed and nothing is given.
----- if you mean NCSC dont expect any reply, why dont your company lawyer send enqueary to service center?????
I have the H1B extension receipt number
---- where is the actual H1 extension filling reciept?????

and online status check still show that it is pending...

So what else can we do other than sending in the inquiry? Will I be out of status after 240 day limit?
------ I dont have your full info, the date H1 extension was filed, Reciept date and Notice date
The problem is that this was done by HR department instead of a Lawyer, so things are getting some kind of unknow to me...
--- Now I understand, I am sure it has been messed up by your HR department (Hum Rulatey hain department). get the extension filing reciept.
also post what online status says along with RD and ND, ask for the filing reciept.
** go to good lawyer ASAP with copy of all the paper work like copy of LCA copy of form 129 and what kind of cover letter the HR wrote and H1 extension filing reciept the to USCIS.

Thanks
Click to expand...
 
Hi ginnu,

Here is the information I have:

H1B first 3 year expired on 11/14/2003 and the 240 day grace period
will end on 7/11/2004
H1B extension for second 3 year was filed on 7/9/2003, already got the receipt with me
INS requested for LCA document on 12/19/2003
HR responsed on 3/2/2004, which is almost the deadline
HR sent in inquiry to INS on 5/20/2004
HR filed premium processing on 6/1/2004
The money together with a letter was sent back to us saying that a decision has be made(INS masked the original "approved" and wrote "decided" instead)
Today is 7/7/2004 and still nothing came in from INS
Oh SHIT, The lawyer who is working for our company is on vacation now...

Base on my condition, shall I file B-1 or something else in case the H1 application is denied? Or just stay and wait? :confused:

Thank you for your time!
 
pineyan said:
My first 3 year of H1B has already expired on November, 2003. I filed my extension last July and one year has passed but not approval notice has been got from INS...

do you have H1 extension filing reciept??? let your lawyer send letter to the sevice center
I heard that there was a 240 day grace period and by caculation, my grace period will end by the end of this week! I just want to know what will happen if I don't get the approval after grace period ends. Will I be out of status? Or I just can't get salary from my company?
------- Talk to your lawyer who filed H1 extension
Urgent! Thanks very much for your help.
Click to expand...
 
pineyan said:
Hi ginnu,

Here is the information I have:

H1B first 3 year expired on 11/14/2003 and the 240 day grace period
will end on 7/11/2004
H1B extension for second 3 year was filed on 7/9/2003, already got the receipt with me
INS requested for LCA document on 12/19/2003
------ it seems some fool filed H1 extension with out LCA
HR responsed on 3/2/2004, which is almost the deadline
HR sent in inquiry to INS on 5/20/2004
HR filed premium processing on 6/1/2004
The money together with a letter was sent back to us saying that a decision has be made(INS masked the original "approved" and wrote "decided" instead)
Today is 7/7/2004 and still nothing came in from INS
Oh SHIT, The lawyer who is working for our company is on vacation now...

Base on my condition, shall I file B-1 or something else in case the H1 application is denied? Or just stay and wait? :confused:
-------- is is messed up becase of your HR, go to other lawyer to find correct answer, let the employer or HR pay for lawyer. Request your employer to fire the person who filed H1 ext without LCA that fool does not know what is to be attached with H1 extension and should not be allowed to file any petitions in future.
Thank you for your time!
Click to expand...
 
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