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H1B extension Premium or Regular

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  • H1B extension Premium or Regular

    My I-129 is valid till 09/30/2012 but since I came to US on Jan 24 2007 , my attorney said I will be completing my six years on Jan 23 2013.Please Confirm.

    Sorry I should have give a little background. I am working in USA from last 5 years and have not filled for my Green Card. In last 5 years I was out of USA for almost 10 months. Now I am requesting for an H1b extension for the time I was not in US.

    My company is filling for extension and is ready to pay for regular processing which takes 2-4 months . I am interested in going for premium processing . I would like to know if for some reason I didnt get the extension will I be still eligible to work till Jan 23 ,2013.

    Or should I just go via Regular processing by which I can legally work till my application is not processed.

    Any kind of information or reply is appreciated, Since I have to decide with in a day or 2.

    Thanks in Advance.

  • #2
    Hi,

    My H1B Visa was also expired. I did not have petition approved. My company filed for H1B extension in regular processing.
    I was allowed to work with the approved LCA even though My petition was still in processing.

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    • #3
      Originally posted by sjain7 View Post
      My I-129 is valid till 09/30/2012 but since I came to US on Jan 24 2007 , my attorney said I will be completing my six years on Jan 23 2013.Please Confirm.

      Sorry I should have give a little background. I am working in USA from last 5 years and have not filled for my Green Card. In last 5 years I was out of USA for almost 10 months. Now I am requesting for an H1b extension for the time I was not in US.

      My company is filling for extension and is ready to pay for regular processing which takes 2-4 months . I am interested in going for premium processing . I would like to know if for some reason I didnt get the extension will I be still eligible to work till Jan 23 ,2013.

      Or should I just go via Regular processing by which I can legally work till my application is not processed.

      Any kind of information or reply is appreciated, Since I have to decide with in a day or 2.

      Thanks in Advance.

      NOT A LEGAL ADVICE, USE AT YOUR OWN RISK

      "My I-129 is valid till 09/30/2012 but since I came to US on Jan 24 2007 , my attorney said I will be completing my six years on Jan 23 2013.Please Confirm."

      YES, YOU CAN RECAPTURE 10 MONTHS OF YOUR STAY OUT OF THE COUNTRY. SO YOU HAVE UNTIL NOVEMBER 2013. IF YOUR H1B IS VALID TO JAN 2013, YOU CAN WORK. IF THE DOCUMENTATION IS GOOD THERE IS HARM IN PREMIUM PROCESSING

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