1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H1b Extension Approved, But Extension Of Stay Has Been Denied

Discussion in 'Nonimmigrant Visa Validity' started by Jaipaul, Aug 16, 2016.

  1. Jaipaul

    Jaipaul New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,
    I am in a confused state an would like to get your advise.

    Background:
    • I was supposed to join a company (my current employer) in October 2013, and I was supposed to start on a project in Stamford, Connecticut.
    • My initial H-1B petition was filed based on this location. The petition was approved until 10/13/2016.
    • Later, due to the delay in the start date of that project, I was asked to take up my current role on 12/02/2013 - in Houston, Texas.
    • Because of this change, an amendment to the initial H-1B petition was filed and was approved in February, 2014. However, we did not receive the Approval Notice.
    • I went to India in May 2014 and got my visa stamped, which is valid through 10/13/2016.
    • I checked with my employer and the attorney, back in 2014 about the missing approval notice and they said I should be fine, since the amendment was approved and would usually be valid through the date on my H1B visa.
    • I left for India on 04/06/2016, for a family emergency and had no issues re-entering the US.
    • On 06/23/2016, we have filed for the H1B extension and received an RFE. It stated that the approval notice from February 2014 was valid from 02/27/2014 through 09/06/2015. They were questioning my status from 09/06/2015 through 06/23/2016 (filing of the latest H-1B extension).
    • A response was sent to the RFE stating that we were not aware of the short dated approval.
    • Finally, my H1B visa got approved effective 08/03/2016 and valid through 6/09/2019.
    • However, we received a letter dated 08/05/2016 stating that the extension of stay was denied. We are still waiting approval notice to arrive.

    My Concerns:
    • I understand that I need to leave the US very soon, and re-enter with a valid I-94.
    • My attorney says: "Since you currently have a visa you should not go to a consulate. The risk of doing so is that they could raise the issue of your stay beyond the alleged 9/6/2015 expiration date of your prior amended petition, for a period of over 6 months. You departed 4/6/2016, which was 7 months past the expiration. This may not have come up when you last obtained visas, however the potential penalty for an overstay of over 180 days is a 3 year bar to readmission to the US. The penalty for an overstay of 365 days or more is a 10 year bar to admission to the US. This may never come up, but there is always the possibility that it could come up when you go for a visa appointment at the consulate. So, this is why we advise that you use your valid visa to reenter with your approval and not go to the consulate. This issue is far less likely to ever come up with CBP at the time of admission. Please be aware that in the future, any time you travel internationally you should be aware of the possibility that you might have to address the overstay issue, and that you could be stuck outside of the US."
    • Do I have to face this issue every time, when going for a visa appointment, in the future? Is there any option to remove the overstay/status gap from my record? I repeatedly checked with my employer and the attorney about the missing approval notice back in 2014. Neither of them thought of requesting a copy (from what I know).

    Please advise what could be a better option for me - seeing a CBP officer or going to a consulate.

    Sincerely,
    Jaipaul
     
  2. Jaipaul

    Jaipaul New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    I would like to add that I had valid I-94s through out my stay in the US. Below are the details from the recent I-94s.
    • December 2012, received an I-94 until 10/9/2014 (based on visa from previous employer).
    • May 2014, received an I-94 until 6/29/2016.
    • September 2014 (visited Mexico), received an I-94 until 10/16/2016.
    • April 2016, received an I-94 until 10/13/2016.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You have to discuss this with your attorney.
     

Share This Page