Hi,
My H1 expired on FEB 3, 2010 (second term).
Labor was filed last year on FEB 23, 2009.
I have filed an H1 extension to recapture the unused period on my H1 since my Labor was not 1 year old at that time. By virtue of unused period, I can get an extension up to APR 22, 2010. Once I receive an approval notice, I will file another extension (7th year) based on the LC.
So, from the current H1 extension, I am expecting an I-94 with the date of APR 22, 2010. What if I don't receive the approval notice in time and unable to file another extension before APR 22? As I understand, in order to file the extension, you need a valid I94. However, in my case, the chances are my attorney will get the notice in hand only when the I94 is expired.
My company has already upgraded the application to premium processing but everything looks very risky.
Can USCIS consider this as the situation which is out of our control and entertain the next H1 extension with I94 expired?
I would greatly appreciate you valuable advice/inputs.
Regards,
Amol
My H1 expired on FEB 3, 2010 (second term).
Labor was filed last year on FEB 23, 2009.
I have filed an H1 extension to recapture the unused period on my H1 since my Labor was not 1 year old at that time. By virtue of unused period, I can get an extension up to APR 22, 2010. Once I receive an approval notice, I will file another extension (7th year) based on the LC.
So, from the current H1 extension, I am expecting an I-94 with the date of APR 22, 2010. What if I don't receive the approval notice in time and unable to file another extension before APR 22? As I understand, in order to file the extension, you need a valid I94. However, in my case, the chances are my attorney will get the notice in hand only when the I94 is expired.
My company has already upgraded the application to premium processing but everything looks very risky.
Can USCIS consider this as the situation which is out of our control and entertain the next H1 extension with I94 expired?
I would greatly appreciate you valuable advice/inputs.
Regards,
Amol