HIB Extension issue with CSC

[ksrinu]

I filed my H1B Extension April 2002. I received a receipt for that. But Even now it is not approved. I called 2 months before they said there was a query. I waited all these days but they haven't send any thing.
Again I called recently because my passport is expired a few days before. When i went Indian consulate to get the new passport they were asking me the approval H1B. I told them what is happening they were not accepted.
So My qqestion here is How long I can stay in united states with out an approval of H1B and expired passport?
Is it illeagal to stay like this?
Somebody is gave suggestion that I need to apply for Premium processing. What is the use of it if they raised a query when extending H1B and not getting that query.
And also my 6 year period is ending in couple of months.

Can we complaint to INS why they were sending the query even after 3 months of raising it.

What is the solution for this.

 

[vault]

Technically when you file a timely extension of H-1B, you are allowed to work for 230days or your approval which ever occurs first. Since you had applied for your H-1B extension in April of 2002, and it is past 230 days you are not legally entitled to work. You should talk to your attorney and see as to what the delay/quey's about.

 

[jaxen]

If there is a query you have to answer the RFE before you can claim any legitimacy. If 6 years is up, and no LC or 140 is pending, you have to leave US.