URGENT: H1 Expiring. Need Suggestions

[paddu1485]

I just received my extension approval petition today and unfortunately I only have a week validity left.
My present company says its not possible to file extension in such short time. . Ihave following questions
1. Can I apply for extension or h1 transfer even after the Visa has expired?
2. Can I apply for H4 through my husbands H1 and also for my H1 extension at the same time?
3. If answer to option 1 is No and a fresh h1 needs to be applied then will I have to wait till Oct 1,2012 to work?

Any other thoughts, suggestions would be very helpful.

[shervin143]

I just received my extension approval petition today and unfortunately I only have a week validity left.
>>> Are you saying that your extension is approved only for a week?

My present company says its not possible to file extension in such short time. . Ihave following questions

1. Can I apply for extension or h1 transfer even after the Visa has expired?
>>> By visa, do you mean your petition? Yes, you can file the extension/transfer even after the petition expiry date. It is basically a new H1B petition that need to be filed using the existing CAP from your current H1B approval notice and an immediate start date can be requested.

2. Can I apply for H4 through my husbands H1 and also for my H1 extension at the same time?
>>> Yes, but not advisable. Search and read about the last action rule. If you are planning to file H4, then it should be filed before your current I-94 expiry date. Advisable to e-file it and then send the documents to USCIS.

3. If answer to option 1 is No and a fresh h1 needs to be applied then will I have to wait till Oct 1,2012 to work?
>>> No, read the above answers.

[paddu1485]

Thanks a lot for your inputs shervin. Here is the situation
1. My I-94 in passport expired in aug 2011. My company filed for extension in June and I got the approval notice and I-797 and I-94 yesterday and it shows validity only till 12/31.

2. I didn't get the last action rule impact here. If I efile for H4 status and the later apply for h1 transfer to another company would there be an issue?

3. When you mentioned to e file for H4 before I94 expiry is it the one in passport or the new one I just received with extension.


What would be the best thing to do? Going back to India and reapplying for H1 an waiting six odd months for approval or changing status to H4 and staying here and applying for H1.

[shervin143]

1. My I-94 in passport expired in aug 2011. My company filed for extension in June and I got the approval notice and I-797 and I-94 yesterday and it shows validity only till 12/31.
>>> Ok, in that case you should either leave the country or eFile H4 before before Dec 31st. Otherwise you will start accumulating illegal stay.

2. I didn't get the last action rule impact here. If I efile for H4 status and the later apply for h1 transfer to another company would there be an issue?
>>> Yes, your status will change as per the last effective I-94. If H4 gets approved after H1B, you cannot work.

3. When you mentioned to e file for H4 before I94 expiry is it the one in passport or the new one I just received with extension.
>>> Shouldn't you cut that I-94 out of the approval notice and pin it to the passport? Read the instructions in the approval notice clearly. Your last received I-94 takes precedence. You should file the extension or the COS before the last received I-94 expires. You cannot file anything based on your old I-94 which has already expired.

What would be the best thing to do? Going back to India and reapplying for H1 an waiting six odd months for approval
>>> Why will you have to wait for 6 odd months? It takes 15 days if filed in premium.

or changing status to H4 and staying here and applying for H1.
>>> If you can eFile before 31st December, then applying H4 now and later H1B will is a good option, unless you are planning to visit India anytime soon.

[paddu1485]

Thank you Shervin. Your inputs were very valuable and helped me get a clear picture. Here's what I've done

1. I've e-filed I-539 and got the receipt. I now need to wait till Monday to get my documents and mail it to the USCis. Since I filed for I-539 myself I have a few doubts in form.

A.) There was no field asking for my husbands details or his visa details. It didn't sound right .. Did I miss something?

B.)There was a question under part 3 . Is this application based on an extension or change of status already granted to your spouse.. I answered it no since my husband didn't apply for any extension or change of status and he is on his original petition or visa.

C.) if I figure out any mistake in the form will I be able to make any corrections later?

D.) question 3G was like - have you been employed in the US since the
Last admitted date or extension or change of status. I put in a complete detail with my name and
working as so and so for company abc for a project with def at def location and the work authorization is approved by USCis and I mentioned by original eac number and the extension eac
numbers. Would this be ok?

I once again thank you very much for your advice and I can't express in words how helpful your inputs have been.

[paddu1485]

Can Shervin or anyone who knows about this please address my questions? Thanks in advance

[shervin143]

A.) There was no field asking for my husbands details or his visa details. It didn't sound right .. Did I miss something?
>>> No. You need to send all the documents including the primary H1B holder's documents when by mail later.

B.)There was a question under part 3 . Is this application based on an extension or change of status already granted to your spouse.. I answered it no since my husband didn't apply for any extension or change of status and he is on his original petition or visa.
>>> Then you can answer NO.

C.) if I figure out any mistake in the form will I be able to make any corrections later?
>>> No.

D.) question 3G was like - have you been employed in the US since the
Last admitted date or extension or change of status. I put in a complete detail with my name and
working as so and so for company abc for a project with def at def location and the work authorization is approved by USCis and I mentioned by original eac number and the extension eac
numbers. Would this be ok?
>>> Yes.

[paddu1485]

Thank you for your timely responses Shervin. so just to check if my understanding is right. The I-539 Part 3 need not have my husband's receipt number or any question answered yes since he didn't apply for any change of status or extension.

Can you or someone in this forum point me to a good immigration attorney in North Carolina Area, Charlotte surrondings.

Thanks a lot for all the help and assistance.

[shervin143]

Did you read the instruction on how to file form I-539? You need to select the appropriate option in Part 3 and enter the primary H1B holder's receipt number.

Thank you for your timely responses Shervin. so just to check if my understanding is right. The I-539 Part 3 need not have my husband's receipt number or any question answered yes since he didn't apply for any change of status or extension.

Can you or someone in this forum point me to a good immigration attorney in North Carolina Area, Charlotte surrondings.

Thanks a lot for all the help and assistance.