Urgent! H1b approved only for 1 day!

totalvisa

Registered Users (C)
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
 
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

You should go to a good lawyer for your options.
 
H1-B visa is valid up to 6 years, extension beyond 6 years to certain people may obtain an extension of H1B status beyond the 6 year maximum period, when:
1) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
2) 365 days or more have passed since the filing of an EB immigrant petition.
 
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