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Concerns about H1B1 extension process and Customs mistakes.
I am from Chile, I got into the US legally and worked under a H1B1 visa (Since May 2015), my employer filed an extension (while i'm still in the country) last September because by october of 2016 the visa expired. So based on the 240 days rule i was able to keep working. My LCA is still valid until february 2018.
More that eight months later USCIS hasn't reviewed the application yet. (they are still working on applications from July 2016)
One of my big concerns is than during my first reentries into the country Customs made a mistake and created two different i-94, so at the moment of filling the application we used the wrong one. Also customs made another mistake and they gave me a longer period of time to stay in the US (march 2018) that it supposed to be. I think what happend was that They gave me a 3 year period of stay (H1B) instead of a 18 months period (H1B1).
What should i do in order to be able to legally keep working while they are still processing my application?
Can the wrong i94 number on the form be corrected at this point?
I know that i don't suppose to receive any payments from my employer, but, what about pending paid vacations periods that i haven't take yet? is that any different?
Can i try processing my extension all over again at the embassy in my home country?
If i get out of the country, should i be able to use my tourist visa to get back in the US?
Meanwhile i been in a solid relationship with an american citizen for over 4 years. is marriage a viable option even if my visa expired but i am still technically legally in the country?
Thanks.
More that eight months later USCIS hasn't reviewed the application yet. (they are still working on applications from July 2016)
One of my big concerns is than during my first reentries into the country Customs made a mistake and created two different i-94, so at the moment of filling the application we used the wrong one. Also customs made another mistake and they gave me a longer period of time to stay in the US (march 2018) that it supposed to be. I think what happend was that They gave me a 3 year period of stay (H1B) instead of a 18 months period (H1B1).
What should i do in order to be able to legally keep working while they are still processing my application?
Can the wrong i94 number on the form be corrected at this point?
I know that i don't suppose to receive any payments from my employer, but, what about pending paid vacations periods that i haven't take yet? is that any different?
Can i try processing my extension all over again at the embassy in my home country?
If i get out of the country, should i be able to use my tourist visa to get back in the US?
Meanwhile i been in a solid relationship with an american citizen for over 4 years. is marriage a viable option even if my visa expired but i am still technically legally in the country?
Thanks.
