Please Help! Any one with H1 knowledge.

wwossen

Registered Users (C)
Hello Every one

My H1 will expire on Sep 30 2003 and I have applied for extension on late June. My question is How long does it take for BICS to process H1 extension IN Nebraska? If I don't get the extension notice before Sep 30, 2002 am I considered out of status?
I have EAD but I don't wont to use it because I cross the border every other week to Canada. I am Canadian and no need of visa to cross the border but I also applied for AOS with ND march 2002 therefore I need H1 visa for me and my family to stay and to travel with no problem of losing my status here in US.

Regards,
 
First of all u won't be out of status as u have filed for 485.
As long as u have receipt notice from the H1 extension you can continue to work on H1.(u'r employer might have to do some different paper work though)
 
double_jeopardy


Thanks for responding. I know i won't be out of status since I filed I485 but I also need to travel to Canada without AP for that I need H1 extension. Yes I have the H1 extension recived notice Do you have any idea how long that it takes to get approved?


Thanks
 
I'm in the same boat.

My H1 will expire 9/30. My 485 RD is 2/15/2002. I filed for extension of my H1 on 6/28, and was approved on Aug 11. I believe you'll hear about yours soon, and no, you will not be out of status.

Good Luck.

WTNG.
 
I think that applying for an H1 ext will keep you on H1 status irrespective of if you have filled for AOS or not.
If I am wrong then please correct me.
 
Originally posted by guju
I think that applying for an H1 ext will keep you on H1 status irrespective of if you have filled for AOS or not.If I am wrong then please correct me.

If you have a timely filed H1 extension petition you can keep working for 240 days. However, once the original H-1 petition has expired, the simple fact of a pending renewal will NOT allow you back into the US if you leave.

If he wants to leave the US, he either needs to wait until the extension comes through, or use AP.
 
Hi my MO friend,

Since you applied H-1 extension so there is no need to worry about whether you got out of status or not. Even you can still ontinue working with your current employer with the pending H-1 extension application. The same applied to my friend and he kept working even though he got the extension after some time.

Secondly, you cannot travel even you get your H-1B extension as travelling requires visa on the passport. I believe State Department can issue extension visas but currently they are taking about 3 months for this service.
 
Yes, whatshappening is correct for Travel you need to have your Passport Stamped..which might take some time..
 
Hello whatshappening

It is nice to hear from you my MO budy. I don't need visa to travel since I have Canadian Passport. The only purpose for me for having a valid H1 is I don't want to use AP which I am waiting to get from BCIS. Using H1 will allow me to travel without AP while my case is pending. Who knows I might asking same question in 2006 when my six year H1 extension reached to maximum with out hearing about my AOS.

Regards.
 
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