Urgent:- OPT expiring in 20 days. Jan-2006 MS Quota App. Not Yet Approved..

[h1bqueryman]

Hi,

My H1 was applied on January 12th in the MS quota. Since then it used to give an online status of ".... 90 to 150 days to process this kind of case....", but 3 days back it has changed to:-

Your I129 PETITION FOR A NONIMMIGRANT WORKER was received on January 17, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

PS: as of May 22nd USCIS-Vermont was processing Feb-12th applications.
And its June 3rd now.


I am really worried as my OPT will expire in another 20 days. I have the following questions:-

1. Is it possible that my h1b application would have had any problem.

2. What would be my legal status to stay or work?

3. Should I consider applying for a new H1? if so, again, what will be my legal stay or work status?

4. When I asked my employer to do a premimum, I was advised against it, and they convinced me saying that it might go to a very very lengthy background check, and it has happened before, that will delay the processing too much. IS This TRUE?

Please let me know. Please help.

Thanks

 

[GotPR?]

1. Is it possible that my h1b application would have had any problem.

Hard to say. Only CIS knows.

2. What would be my legal status to stay or work?

I think you have 60 days grace period. After grace period, if H1 was still pending, you are under authorized stay as long as H1 is pending.

3. Should I consider applying for a new H1? if so, again, what will be my legal stay or work status?

Not necessary.

4. When I asked my employer to do a premimum, I was advised against it, and they convinced me saying that it might go to a very very lengthy background check, and it has happened before, that will delay the processing too much. IS This TRUE?

Premium process itself does not trigger lengthy background check. I think what they said was, for some reason, they thought your H1 took longer for background check and it does not help to go with Premium process.