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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 05-13-2011, 08:47 PM
ravageguy1 ravageguy1 is offline
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Default Urgent Help Needed!!! H1B Visa extension!!

Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.

Thanks for your help.
Raj
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  #2  
Old 05-13-2011, 10:49 PM
sircaustic sircaustic is offline
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If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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  #3  
Old 05-13-2011, 10:53 PM
ravageguy1 ravageguy1 is offline
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Default Waiting on RFE to get the deadline

Thanks for your reply. I am waiting on the RFE to be received to see the content of it. I am hoping they will provide new deadline. Any ideas avoiding out of status is appreciated.

Thanks again,
Raj
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Old 05-13-2011, 11:45 PM
sircaustic sircaustic is offline
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Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.
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