H1b renewal

[jackal2k]

Hello,

I have been working with the same "Employer A" for the past 3 years. I was seeking employment with a new "Employer B" but due to the H1b premium processing closure this could not be arranged in time. As a result I decided to continue with my current employer.

My problem is my current H1b visa expired on July 1st and my decision to remain with my current employer was after this.

My question is, am I required to exit the US before I can be issued a new H1b visa for my original "Employer A" or could this be a matter of filing the H1b extension late (assuming that is a better scenario)?

(Not sure if this is relevant but I'm a Canadian citizen, also I have an examination coming up in August).

Thank you so much in advance for your advice!!

[raghvi]

Hello,

I have been working with the same "Employer A" for the past 3 years. I was seeking employment with a new "Employer B" but due to the H1b premium processing closure this could not be arranged in time. As a result I decided to continue with my current employer.

My problem is my current H1b visa expired on July 1st and my decision to remain with my current employer was after this.

My question is, am I required to exit the US before I can be issued a new H1b visa for my original "Employer A" or could this be a matter of filing the H1b extension late (assuming that is a better scenario)?

(Not sure if this is relevant but I'm a Canadian citizen, also I have an examination coming up in August).

Thank you so much in advance for your advice!!

Has your I-94 expired?

[jackal2k]

Yes my I-94 has expired.

[shervin143]

If your I-94 has already expired, then you are not out of status, but illegal. When your presence is illegal, an extension is not possible (Case will be accepted for EOS only if the petition is filed prior to the I-94 expiry date). You are not supposed to be working if your I-94 has already expired and if your employer hasn't filed the extension yet. That would be considered as illegal employment. Your best option is to leave the country asap. The employer (same or new employer) can file the H1B for consular processing. When that gets approved, you can return back using the approved petition and a valid H1B visa.

[jackal2k]

If your I-94 has already expired, then you are not out of status, but illegal. When your presence is illegal, an extension is not possible (Case will be accepted for EOS only if the petition is filed prior to the I-94 expiry date). You are not supposed to be working if your I-94 has already expired and if your employer hasn't filed the extension yet. That would be considered as illegal employment. Your best option is to leave the country asap. The employer (same or new employer) can file the H1B for consular processing. When that gets approved, you can return back using the approved petition and a valid H1B visa.

Thank you very much for the response!

I understand and will make efforts to leave ASAP.

A lot of my reservations regarding leaving had to do with things like my vehicle. If I am to take it to Canada then I would have to import it and I cannot say I am just visiting home because I no longer have a valid visa in the US :-/

(I have not been working during this period because I am still renegotiating the new contract).

Thank you again!