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Current H1B expiring got approval in counsulate applied for COS can i work on receipt

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  • Current H1B expiring got approval in counsulate applied for COS can i work on receipt

    My current h1b expires on 11/07/2015. My company applied for my extension in consulate process (will not get in details why) and i got approval for 3 years in consulate process. Now I have applied for amendment (cos) so I can work without having to go out of the country for stamping and got a RFE.
    My question is that if I don't get approval till 11/07/2015 can i continue working based on receipt and if not the will i be out of status after my current h1b expires till i get approval on my amendment application

  • #2
    Since your initial petition was approved for consular process, you should not use that petition to work until you get an I-94 associated with that petition. One option is to upgrade the amendment to premium and get the result within 15 days.

    Originally posted by shweta5005 View Post
    My current h1b expires on 11/07/2015. My company applied for my extension in consulate process (will not get in details why) and i got approval for 3 years in consulate process. Now I have applied for amendment (cos) so I can work without having to go out of the country for stamping and got a RFE.
    My question is that if I don't get approval till 11/07/2015 can i continue working based on receipt and if not the will i be out of status after my current h1b expires till i get approval on my amendment application
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Since your initial petition was approved for consular process, you should not use that petition to work until you get an I-94 associated with that petition. One option is to upgrade the amendment to premium and get the result within 15 days.
      Yes I did apply in premium but got a RFE which my lawyer is answering today itself but not sure if i'll get approval till 11/07/2015 so wanted to know where exactly i stand

      Comment


      • #4
        Most probably you will get the response before your current status ends.

        Originally posted by shweta5005 View Post
        Yes I did apply in premium but got a RFE which my lawyer is answering today itself but not sure if i'll get approval till 11/07/2015 so wanted to know where exactly i stand
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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