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  • H1 extension Issues

    Hi,

    My H1 expired in Sep 2007 and my employer applied for extension in Aug 2007. But USCIS never acknowledged this application even after 2months. So the attorney has reapplied my H1 extn in Dec 2007. He has furnished the postal details that he had filed before the expiry date but never got a receipt. My concerns are below:
    1. Will I be considered as working out of status for oct and Nov.?
    2. Will this create problems in the issuance of H1 extension.?
    3. However i had EAD during this duration but never used it. Will this extension issue affect my I485 processing too?

    Thanks,
    Sam

  • #2
    If your first petition was submitted through certified / registered mail, you should have received the acknowledgement card from postal service with USCIS staff seal/signature as proof. DO yu have one?


    Some time your atttorney forget to sent the petition on time.

    Check these details first.

    Originally posted by Sam23
    Hi,

    My H1 expired in Sep 2007 and my employer applied for extension in Aug 2007. But USCIS never acknowledged this application even after 2months. So the attorney has reapplied my H1 extn in Dec 2007. He has furnished the postal details that he had filed before the expiry date but never got a receipt. My concerns are below:
    1. Will I be considered as working out of status for oct and Nov.?
    2. Will this create problems in the issuance of H1 extension.?
    3. However i had EAD during this duration but never used it. Will this extension issue affect my I485 processing too?

    Thanks,
    Sam

    Comment


    • #3
      H1-x Issue - Attorney screw up

      As you mentioned, I believe attorney has screwed up.
      Though he is telling me that he has attached the proof of having applied earlier, I doubt his words. Look slike he forgot to file my extension on time.
      What will happen in such a scenerio. Am I screwed?

      Comment


      • #4
        I checked with the attorney

        I checked with the attorney and he said he has sent in the evidence that the extension was filed earlier.
        Anybody else who have gone through this before?

        Comment


        • #5
          If I were you, I would ask him to send me the evidence...
          I have faced problems because of attorney so I would not trust on words only..

          Comment


          • #6
            He is refusing to send any evidence (beats around the bush).
            Assuming a worst case scenerio, if he had never filed it to start with, will I be considered working out of status for those three months after the H1 expired?
            i have got paid during the time and when I brought it to my employer's notice, they said its fine - there is no problem.

            My worry is
            1. Will my h1-x get rejected because of this
            2. Will i-485 processing take a beating because of this

            if anyone has gone through this extension issue, please share your experience and advice.

            Thanks,
            Sam

            Comment

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