H1 extension in process and I94 expired

[bdm_83]

Hi,

My H1 will be expired soon next month and I have already applied for extension( this is my first extension). I have applied in normal processing not in premium processing a month back , but haven't received any thing from USCIS till date.

I want to know what will happen after my I94 expires and till what time I can work? Also, If my case is denied after my I-94 expiry then what can I do and what else is left in my hand to do?

Thanks

[shervin143]

My H1 will be expired soon next month and I have already applied for extension( this is my first extension). I have applied in normal processing not in premium processing a month back , but haven't received any thing from USCIS till date.
>>> Didn't you even receive the receipt notice?

I want to know what will happen after my I94 expires and till what time I can work? Also, If my case is denied after my I-94 expiry then what can I do and what else is left in my hand to do?
>>> You are allowed to continue to work until the decision is made on your extension. However, if the extension is denied, then the time spent in U.S after I-94 expiry date will be considered illegal. If the extension is denied, then you should leave the ocuntry immediately as more the illegal stay, the more trouble you will have to face when you go for visa interview the next time or when you apply for petitions in the future.

[bdm_83]

Hi shervin Thanks,

yes I did receive my receipt, but that receipt is just an acknowledgement that they received my application, is that the only thing that they send?
As far as the stay is concerned , isn't there anything else I can do to re-open my case or apply for new H1 filling.

[shervin143]

yes I did receive my receipt, but that receipt is just an acknowledgement that they received my application, is that the only thing that they send?
>>> Yes.

As far as the stay is concerned , isn't there anything else I can do to re-open my case or apply for new H1 filling.
>>> The employer can file an MTR. But if that gets rejected (say after another 3 months or so), then you would have accumulated a lot of illegal stay which will cause a lot of issues. If you have accumulated illegal stay for more than 6 months, then you could get upto 3 year ban. If you have accumulated illegal stay for more than 12 months, then you could get upto 10 year ban.

[bdm_83]

So, is it advisable to upgrade my case to premium processing? just to avoid illegal stay as I guess they are taking lot of time in replying to normal file case.

I have met people who are awaiting response for more than 4 -5 months in normal processing.

[shervin143]

So, is it advisable to upgrade my case to premium processing? just to avoid illegal stay as I guess they are taking lot of time in replying to normal file case.
>>> Yes.

I have met people who are awaiting response for more than 4 -5 months in normal processing.
>>> Extensions can be filed 6 months in advance. Why wait till the last minute and panic?