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  #1 (permalink)  
Old 07-23-2010, 02:54 PM
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Default Urgent help needed

I NEED HELP from someone who can direct me in this situation

my h1b expired on june30, 2010 and i filed with the same employer for a new job position related to same profession on june 24 2010. but unfortunately uscis says that they have nothing on their system yet and no receipt of notice by july 20 . my cheques are also not yet cashed. i have fedex receipt proof it being received at uscis center on june 25th 2010. Now what should i do in this situation.

should i file again with premium processing explaining uscis that my file has been misplaced or has not even processed or filed yet though received on june 25th as per fedex receipt and wait in us till what happens.

i will really appreciate any help or comments in this situation
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  #2 (permalink)  
Old 07-23-2010, 03:56 PM
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Originally Posted by jaggu80 View Post
I NEED HELP from someone who can direct me in this situation

my h1b expired on june30, 2010 and i filed with the same employer for a new job position related to same profession on june 24 2010. but unfortunately uscis says that they have nothing on their system yet and no receipt of notice by july 20 . my cheques are also not yet cashed. i have fedex receipt proof it being received at uscis center on june 25th 2010. Now what should i do in this situation.

should i file again with premium processing explaining uscis that my file has been misplaced or has not even processed or filed yet though received on june 25th as per fedex receipt and wait in us till what happens.

i will really appreciate any help or comments in this situation
If you can not convince the USCIS that you have sent the papers and get the receipt, you can not file for PP as you are already out of status.
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  #3 (permalink)  
Old 07-24-2010, 01:20 PM
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thanks a lot for your reply.......but a little query if i apply with premium processing and explanation that why i am applying late and that my original file was lost with all proof .....or should just ask uscis that this is what has happened and if they please let me reapply.
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  #4 (permalink)  
Old 07-26-2010, 05:44 PM
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You can file again with premium processing but as you are out of status for at least a month now, it might go for consular processing which needs you travel outside US and get the VISA stamped. Basically You may not get the I94 with the approved H1b.
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Old 07-26-2010, 11:07 PM
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Originally Posted by jaggu80 View Post
thanks a lot for your reply.......but a little query if i apply with premium processing and explanation that why i am applying late and that my original file was lost with all proof .....or should just ask uscis that this is what has happened and if they please let me reapply.
I think you stand a gud chance of benefit of doubt if you can prove ( as you say u can) that u submitted the application in time and FEDEX delivered..
Your lawyer may be able to help u document your case well..
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  #6 (permalink)  
Old 07-28-2010, 02:56 PM
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thanks a lot for your help ....guys.....i have done same and waiting for the answer...let's hope for the best.
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Old 08-21-2010, 01:01 PM
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Default H1b rfe urgent help needed....also thanks again for previous reply

As u see from my previous threads that my h1b expired on june 30 2010 and i filed on june 25 2010 with fedex receipt however they didnot took in attention till we resend a new file with premium processing on july 27 that's when they said they found my old file and so returned new file back but the date on file recieved in their system is july 28 and now when i have converted my file to premium processing and they are asking for RFE for my status when my case was filed. so my question does someone have any experience or comments regarding such a situation and what should i emphasize on when i send my rfe. definitely my lawyer is going to put fedex receipt and also when my case was filed at vermont it went to california service center. i don't know why and how. so wanted some inputs from you guys thanks a lot
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