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View Full Version : Urgent! H1b approved only for 1 day (Im out of status)


totalvisa
04-25-2011, 09:39 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

RollingStone12
04-25-2011, 09:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.

If you dont have anything...they wont approve.

ivgclive
04-25-2011, 11:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

What would the employer gain by applying H1B if only 3 months left?

hope4gc
04-26-2011, 08:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.

totalvisa
04-26-2011, 11:51 AM
The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.

So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...

Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.

My case has become very complicated! Any suggestions?

HRPRO
04-26-2011, 12:03 PM
You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.

sac-r-ten
04-26-2011, 12:18 PM
Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.

Good luck.