Hi - My I94 expired on 10th June 2018 and My case was submitted to USCIS California center in regular processing on 4th May 2018. 8 month cut off for my case is - 05 Feb 2019.
I would like to know if there is any way I can file for premium processing at Nebraska service center and request USCIS to ignore the case sent to California?
I have no change in employer ,title and roles/responsibilities.
No, you cannot decide the service center yourself or apply for change of service center.
USCIS takes the decision to move applications internally as and when they want.
I have heard that USCIS is indeed moving applications based on centerâs work load.
Do you know what documents have they asked in your RFE?
Stay in USA after 240 days
No need to leave country after 240 day mark. You can stay if you want to.
Many Employer also file another extension before 240 day mark to let the employee keep working even after 240 days. You will have to talk to your employer and attorney if they want to do it.
Thanks so much for your response Anil. My employer is yet to share the details about RFE with me.
I am not clear on the âanother extensionâ you are referring to. How is it possible to file another extension when the current one is in RFE status? Please clarify. Thank you
Hi Anil, In case if H1B extension is denied, How soon I can re-apply after going to India? Will my petition comes under new quota or I can extend based on my I140 approval? I am already into my 7th year of H1B here. Please clarify. Thank you
Hi Anil, Unfortunately my visa was denied - My company informed me on March 1st and asked me to leave the country in a week.
I would like to know if any of the period I stayed between my I94 expiration date (10 June 2018) and H1B Visa denial date (March 1st 2019) is considered âUnlawful presenceâ?
I have received a letter from USCIS for my wifeâs I-539 application where it mentioned that
Under section 212 (a)(9)(B) if the Immigration and Nationality act, an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either 3 or 10 years. You may remain in the current non-immigrant status until the expiration date indicated on your Form I94. However, if the date listed on your Form-I94 has already passed, this notice of decision may leave you without lawful immigration status and you may be present in the United States in violation of the law.
I got really worried seeing this, My employer did not mention anything about unlawful presence to me. Could you please provide your thoughts on this matter?
Something is seriously wrong with USCIS. Yours is the 10th H1B denial that i have heard today.
Looks like USCIS is on a roll this week to just deny applications.
Period between i94 expiry and H1B denial is legal
There is no need to worry as your time period between your i94 expiry and your H1B denial is considered as 'Period of Authorized Stayâ.
Your unlawful presence starts March 2, 2019 i.e. immediately after denial.
My suggestion is to leave USA within 10-15 days now.
Thanks for the prompt response Anil. Does the same apply to my wife as well? Please confirm. I am worried looking at the response I received today for her I-539 application. Thanks again.
She is on H4. The quoted response I mentioned below is from her I-539 response.
Under section 212 (a)(9)(B) if the Immigration and Nationality act, an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either 3 or 10 years. You may remain in the current non-immigrant status until the expiration date indicated on your Form I94. However, if the date listed on your Form-I94 has already passed, this notice of decision may leave you without lawful immigration status and you may be present in the United States in violation of the law.