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  #1 (permalink)  
Old 03-18-2008, 06:21 PM
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Default H-1B expiring this week.. Urgent

my H1-b is expiring on march 23rd and may lawyer said he will send peition for h1 extension this week. Will I be out of status if USCIS receives petition after 23rd or on 23rd? How does it work?
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  #2 (permalink)  
Old 03-18-2008, 06:29 PM
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Originally Posted by an_gcard View Post
my H1-b is expiring on march 23rd and may lawyer said he will send peition for h1 extension this week. Will I be out of status if USCIS receives petition after 23rd or on 23rd? How does it work?
Yo are Ok if he files on 23rd or fedex on 23rd.
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  #3 (permalink)  
Old 03-18-2008, 07:02 PM
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Default H1 Expiring

Yes, I believe you will be out of status. I would suggest apply for premium processing so that you can get the approval on extension within the next couple weeks.
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  #4 (permalink)  
Old 03-18-2008, 10:03 PM
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Originally Posted by an_gcard View Post
my H1-b is expiring on march 23rd and may lawyer said he will send peition for h1 extension this week. Will I be out of status if USCIS receives petition after 23rd or on 23rd? How does it work?

raj2007 is correct while man-woman-and-gc is incorrect. You do not need to have an approved H-1B before your current one expires. To remain in status, all you need is proof of date that you filed for an extension in time.

Regards,
Jayant

Last edited by PD_Dec2002; 03-19-2008 at 07:52 AM.
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Old 03-19-2008, 01:10 AM
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Post my 2 cents

The receipt generally takes 10 days to 2 weeks as per my lawyer.
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  #6 (permalink)  
Old 03-19-2008, 01:16 AM
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Originally Posted by an_gcard View Post
my H1-b is expiring on march 23rd and may lawyer said he will send peition for h1 extension this week. Will I be out of status if USCIS receives petition after 23rd or on 23rd? How does it work?
"If a timely extension is filed (i.e. before the expiration of the current status), regulations allow individuals in H-1 status to continue to work for the same employer for up to 240 days while the extension petition is pending at USCIS."
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  #7 (permalink)  
Old 03-19-2008, 01:26 AM
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Make sure your extension petition reaches USCIS on or before March 23rd....USPS/Fedex receipt date (mailing date) doesn't matter....What matters is the date USCIS receives your petition...Though it takes a week to 10 days to issue the receipt notice, your receipt date will still be the date USCIS physically received your application..So you will be just fine as long as your file reaches them on or before March 23rd.....You can work upto 240 days from the date of your H1 expiry without the approval.....If you still dont get your approval after 240 days, you should stop working and wait for the approval.....You can still be in the country but cannot work if its over 240 days and your petition is still pending...
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  #8 (permalink)  
Old 03-19-2008, 02:06 AM
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Make sure your extension petition reaches USCIS on or before March 23rd....USPS/Fedex receipt date (mailing date) doesn't matter....What matters is the date USCIS receives your petition...Though it takes a week to 10 days to issue the receipt notice, your receipt date will still be the date USCIS physically received your application..So you will be just fine as long as your file reaches them on or before March 23rd.....You can work upto 240 days from the date of your H1 expiry without the approval.....If you still dont get your approval after 240 days, you should stop working and wait for the approval.....You can still be in the country but cannot work if its over 240 days and your petition is still pending...
roseball has covered everything - all you have to do is make sure your attorney files timely (both, you & your attorney forgot about renewal until the 11th hour) and uscis receives it on or before 23rd. Remember to keep the tracking thats your proof until you receive the receipt notice.
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  #9 (permalink)  
Old 03-19-2008, 12:20 PM
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Default Get Delivery Confirmation on the package

Quote:
Originally Posted by wandmaker View Post
roseball has covered everything - all you have to do is make sure your attorney files timely (both, you & your attorney forgot about renewal until the 11th hour) and uscis receives it on or before 23rd. Remember to keep the tracking thats your proof until you receive the receipt notice.
Make sure your attorney mails the package with Delivery Confirmation..That way you can guarantee that USCIS recvd it with a timestamp...

Thanks!
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  #10 (permalink)  
Old 03-19-2008, 12:37 PM
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Default Do It fast

Mrch 23rd is sunday. 22nd is saturday. So 21st is friday is the date, your application is to reach the USCIS. So send it by thursday by overnight or do a hand delivery by friday. Other wise you are in trouble, need to exit the country by sunday. (I-94 expiry date). If you applied I-485, no problem, you can be on EAD. Otherwise, very serious...

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Originally Posted by an_gcard View Post
my H1-b is expiring on march 23rd and may lawyer said he will send peition for h1 extension this week. Will I be out of status if USCIS receives petition after 23rd or on 23rd? How does it work?
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