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Old 01-13-2010, 04:47 PM
bowbow bowbow is offline
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Thumbs up Delay in H1B extension

My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

I have EAD with the same employer but not using.

Is anybody in the same situation?

thanks
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  #2  
Old 01-13-2010, 05:12 PM
martinvisalaw martinvisalaw is offline
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Provided that the H-1B extension was filed before the prior H-1B status expired, you can stay in the US and work for that employer while the extension is pending.
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  #3  
Old 01-13-2010, 05:15 PM
roseball roseball is offline
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Quote:
Originally Posted by bowbow View Post
My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

I have EAD with the same employer but not using.

Is anybody in the same situation?

thanks
Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.
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Old 01-14-2010, 05:12 PM
sac-r-ten sac-r-ten is offline
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I hope you are not been adjudicated under the new memo passed few days ago.
Are you working at employer location or client side? Third party vendor etc?

All the best my friend.
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