H1B Extension , Withdrawl & Reapplication

[rahul13]

H1B I 94 validity : 15th July 2010
Extension Applied : 3rd May 2010
RFE Received & Responded

Employer had accidentally withdrawn the extension application and a new extension was filed on 15th July 2010 ( on the day of expiry ) and was couriered - Question is , what date does USCIS consider - Day coureired / day application received by them ? Is there a problem with Out of Status ?

Thanks for your time !

[shervin143]

There is no way a petition can be accidentally withdrawn. Anyhow, that is between you and your employer.

USCIS will consider the date on which they received the aplication. The gap between the I-94 expiry and the date on which the application is received by USCIS will be considered as illegal stay and sometime if the gap is small, they will still approve the extension. But sometime they either deny the extension or they will approve it as a consular process.

With all this mess, you should ask your employer to go for premium process. That way, you would know the result in 15 days instead of accumulating a lot of illegal stay by doing it in normal process.

[rahul13]

Thanks for your reply - Actually , they had withdrawn the application instead of some other person - It wasnt sent for premium processing although it was requested ! It is sent for normal processing !