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

H1b Extension - Is My Case Going Bad?

Discussion in 'Nonimmigrant Visa Applications' started by venkatkumar, Sep 14, 2016.

  1. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    Hi all,
    My employer has applied my H-1B extension (Premium processing) and the timing is a little tricky. The details look like this.

    Employer Sent extension documents to USCIS on 2nd September 2016
    Packet Reached the USCIS facility on 7th September and Fedex Tracking confirms it.
    Current H1B expired on 10th September 2016.
    Current I-94 Expires on 20th September 2016

    I still have not received the Receipt number from USCIS and it's already 14th. What is my current situation? USCIS website says if they file the H1B in a timely manner, before expiration 240 day rule kicks in automatically. Does this mean the receipt number generates first and then 240 rule kicks in? Or does it mean that the packet reaches the USCIS facility in a timely manner and 240 day rule kicks in?

    Please enlighten me.
    Thanks and regards
    Venkat
     
  2. Greeeeencard

    Greeeeencard Guru

    Messages:
    1,908
    Likes Received:
    1,975
    Trophy Points:
    113
    Any reason for filing in last few days? You had 6 months in advance to file.
     
  3. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    GreeeeencardGuru,
    It was a delay on part of my employer. I have all the documents ready and in good shape. There was no specific reason I can see except priorities from the company that I see clearly now. But from retrospect, I think I should have got in touch with the company more in this regard to have prevented this situation. Next time I'll be proactive in such things.

    But from historical point of view, what is the situation from me end? I have 6 days till I-94 expires and I have my fingers crossed for the Receipt number to be sent. But at this moment what do you think my situation is?
     
  4. Greeeeencard

    Greeeeencard Guru

    Messages:
    1,908
    Likes Received:
    1,975
    Trophy Points:
    113
    Employer won't be in trouble if something happens. It's you that suffer always.

    I don't think you have anything much to worry about but since your I-94 is already expired, you can't even change the employer if, God forbid, something goes south. That's why I advise you to always be on top of these things. If filed well in time, you are safe to decide even if something happens wrong. That's all said keeping in mind the slow working culture of govt agencies. Nobody cares about us anyways. Again, I personally think that you are safe.
     
  5. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3

    It's expiring on the 20th. Oh ok. So can we see it this way that the employer's intention was to keep me from leaving and he delayed the application?
    I-94 is expiring on the 20th of this month. But am I good to go to work at the moment? Do you think the USCIS will handle this case as any regular premium extension case ?
     
  6. Greeeeencard

    Greeeeencard Guru

    Messages:
    1,908
    Likes Received:
    1,975
    Trophy Points:
    113
    One thing at a time, while most of the employers do that, I can't say for sure for your employer. I, personally, don't think sending a package is that big of a deal if you already sent everything timely, I understand that busy-ness but if they can't send the immigration documents timely for their employee, which is a life-changing moment for an H1B holder, then I don't like that employer.

    All that said, you will be fine, legally, you should file H1B extension before I-94 expiry but technically you shouldn't wait till last moment, you always have 6 months to file in advance, keep bugging your employer, and if they don't file even after 2-3 monts are left, keep looking other options too. If I would be in your situation, I would have filed H1B transfer before extension.
     
  7. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    Thank you. Makes me feel a 'little' better. This is indeed a life-changing moment for me for one other reason. Next time, my handling of such things will be much different.

    I'll update the thread when I get my receipt number and this thread should help future candidates to apply timely petitions.
     
  8. Greeeeencard

    Greeeeencard Guru

    Messages:
    1,908
    Likes Received:
    1,975
    Trophy Points:
    113
    "one other reason" is H4EAD?
     
  9. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    Lol. No. One is applying on time, and the other is making a good decision when choosing to work for a company. Thankfully I don't have a spouse dependent on my H1B so that's not an issue.
     
    Greeeeencard likes this.
  10. Eren Yildirim

    Eren Yildirim Attorney at Law

    Messages:
    25
    Likes Received:
    7
    Trophy Points:
    3
    If you filed in regular processing, getting a receipt notice can take several weeks. The receipt will contain the date the package was received, so if it was received timely (before your H-1B and I-94 expired), then you would remain in legal status.
     
    venkatkumar likes this.
  11. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    Thanks for the reply Eren. Here're the dates of my activity:
    My employer filed it in 'premium' processing. And it reached them (USCIS mailbox) at 9.35 AM on the 7th of September which is 3 days before my H1B expired (10th September) . My I-94 expires on the 20th. I still don't have the receipt number.

    A small question at this point is, does the receipt date indicate the date my package reached their mailbox (which is 7th) or does it mean that the receipt date is the date when they open the packet and enter the data into the system and generate the Receipt number? This is the point my confusion is all about.

    Would be great to learn your perspective on this.
     
  12. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    "he receipt will contain the date the package was received," Quoting your previous answer. Does the word 'received' correspond to the date the bundle of documents my employer sent, reaching their mailbox? Or is the received date the date when they actually enter the information from that bundle of documents into their system to generate the receipt number?

    Once again thanks.
     
  13. Eren Yildirim

    Eren Yildirim Attorney at Law

    Messages:
    25
    Likes Received:
    7
    Trophy Points:
    3
    If you filed in premium processing and don't have at least an email receipt notice 1 week after filing, you should confirm whether the checks have been cashed.

    USCIS normally processes mail the day of receipt for the purposes of the "received date" on the receipt notice.
     
    venkatkumar likes this.
  14. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    Eren, I called my employer and they are saying that the checks are not encashed. The employer said that they created a service request yesterday to USCIS and that the USCIS agreed that there's a technical error on their part. The service request (according to the employer) says that they will respond within 5 days.
     
  15. venkatkumar

    venkatkumar New Member

    Messages:
    9
    Likes Received:
    1
    Trophy Points:
    3
    This is so weird and scary situation
    Eren, This seems so weird and like a not so good situation. Can you please advice?
     
  16. Eren Yildirim

    Eren Yildirim Attorney at Law

    Messages:
    25
    Likes Received:
    7
    Trophy Points:
    3
    Your employer filed a service request and immediately received a response from USCIS confirming their error? If USCIS already responded, what will they respond about in 5 days?

    I'm not sure what type of advice you are looking for in this situation.
     

Share This Page