H1B Extension

[gurpreet7505]

Hi All,

I have some questions, please suggest me on those.

A brief history, I am in US on H1B. It’s my first H1B, petition approved for one year only. I need to apply for extension, my I94is till 31-OCT-2012.

1). what is the SLA from USCIS on extension in normal process?

2). what would be my status after I94 expired, if my extension is in process?

3). Can I stay in US after my I94 expired, if my extension is in process?

4). What points, I have to be careful while filling my H1B extension?

Any suggestions, i'll have to be careful about.

Regards,
Gurpreet

[shervin143]

1). what is the SLA from USCIS on extension in normal process?
>>> 2-3 months.

2). what would be my status after I94 expired, if my extension is in process?
>>> "Period of authorized stay".

3). Can I stay in US after my I94 expired, if my extension is in process?
>>> Yes. But of your extension gets denied, then your stay in U.S past the I-94 expiry date will be considered as illegal stay.

4). What points, I have to be careful while filling my H1B extension?
>>> Filing H1B extension is your employer / attorney's job. They would know what need to be done. The documents for extending the status should reach USCIS before the current I-94 expiry date. If you don't want to take unnecessary risk, then file the extension at least 4 months before the I-94 expiry date (assuming you are planning to file it in normal process).

[gurpreet7505]

Thanks Alot Shervin,

Couple of questions, which strike my mind;

1). In case my company file my H1B in normal process, can i change my employer? will H1B Transfer a issue ?

2). Can i travel back to my home country when extension is in process; before my I-94 getting expired ?

Regards,
Gurpreet

[shervin143]

1). In case my company file my H1B in normal process, can i change my employer? will H1B Transfer a issue ?
>>> Not if the transfer is filed before your current I-94 expiry date. If you file the transfer after the I-94 expiry date, then it has to be a bridging petition. Search and read the posts on bridging and understand the issues when a petition is filed as a beidging petition based on another pending petition.

2). Can i travel back to my home country when extension is in process; before my I-94 getting expired ?
>>> It is never advisable to leave the country when a petition is pending with USCIS. EOS might get declined. There are 1000's of posts that explains why it is not advisable. Search and read them.

[gurpreet7505]

Thanks A ton !

I think, i din't explain my Second question. Let 's say, my company file my H1B in normal process. Now I-94 is coming to expiration, my Extension is still pending with USCIS. In case of denial, my status after I-94 will be illegal.

To save that, i'll have to travel back to my home country. Your thoughts on that.

[shervin143]

You are allowed to file the extension 6 months prior to the current staus expiry date. So you have enough time to file the extension. If you cannot file it well in advance, then there is a premium process that will get you the result within 15 days. It is simply not advisable to file the extension at the last minute and leave the country before you get a decision.

Thanks A ton !

I think, i din't explain my Second question. Let 's say, my company file my H1B in normal process. Now I-94 is coming to expiration, my Extension is still pending with USCIS. In case of denial, my status after I-94 will be illegal.

To save that, i'll have to travel back to my home country. Your thoughts on that.