My first H1b term expires Aug. 7

[HydGuy]

Hi everybody
I just need some advice..my attorney is taking forever to apply for my H1B extension and my first 3 years expire on Aug. 7 2003. He said he will have it ready by July 19-20 and then mail it..
My questions are:
1. Isnt that kind of late? By the time he mails it and the INS gets it and put it in their systems, it will have passed Aug. 7.
2. I know that as long as an application is pending, I can stay here..now what is the date by which the INS should have gotten the petition before Aug 7..the date on which they receive my petition by mail OR the date on which they put in their computer systems?
3. If they get it in mail BEFORE Aug. 7 but put it in their system AFTER Aug. 7, am I still in legal status?
4. Lastly, What are the chances of my H1B extension getting denied? And if it does get denied, how much time do I have before I have to leave this country? My Labour certification for a GC thur my employer is pending...taking forever in jersey!
Hope you guys can help answer my question...Thanx--AK

 

[ginnu]

** you have posted in wrong thread in future poist in H Visa Thread***

Hi everybody
I just need some advice..my attorney is taking forever to apply for my H1B extension and my first 3 years expire on Aug. 7 2003. He said he will have it ready by July 19-20 and then mail it..
My questions are:
1. Isnt that kind of late? By the time he mails it and the INS gets it and put it in their systems, it will have passed Aug. 7.
--- Your H1 Extension paper should reach BCIS Office before 7 august, don’t worry about BCIS computer data, even if BCIS receives on 6th August you will be OK
2. I know that as long as an application is pending, I can stay here..now what is the date by which the INS should have gotten the petition before Aug 7..the date on which they receive my petition by mail OR the date on which they put in their computer systems?
--- When the BCIS receive the application they stamp it on the same date that is RD (receipt date) don’t worry about computer system, you will have the receipt date the day it reaches BCIS service center
3. If they get it in mail BEFORE Aug. 7 but put it in their system AFTER Aug. 7, am I still in legal status?
--- You will be in legal status
4. Lastly, What are the chances of my H1B extension getting denied? And if it does get denied, how much time do I have before I have to leave this country?
-- Denial depends on the lack of evidence, if denied due to mistake lawyer can file Motion to reopen or reconsider with the correct evidence. If denied you have to leave in 10 days (BCIS has never said that they will give you 10 days) it was the opinion before BCIS took over INS

My Labor certification for a GC thru my employer is pending...taking forever in jersey!
--- What can I do? Many have LC pending you are not the only one.
Hope you guys can help answer my question...Thanx--AK