I-94 Expired and H1-Extension is Pending for 10 months at Nebraska

Service Center: Nebraska
Processing Type: regular
Application Filed: 25 Jan 2018
USCIS Received Date: 26 Jan 2018
Application Status: Received status
Note: I-94 Valid End date:22 Jan 2018

It has been more than 10 months now and the status is not been changed (i.e Received status). I was moved to India within 240 days (18 Sep 2018).

  1. Could you please let me know when I will get the result?
  2. What should I do?
  3. How can I know whether the extension would be approved or denied?

Hi @rajeshg

Wait for H1B extension result - Raise a Service request with USCIS

Unfortunately, you can only wait till you get a result.

Your case receipt date is ‘Outside Normal Processing time’ and you are eligible to raise a service request with USCIS.
Ask your employer’s attorney to raise it for you and ask for current status.

H1B extension result - Deny or Approve

Nobody can guess if the extension will be approved or denied. You will know the result only when USCIS takes a decision.

Thanks for the updates.

My employer has not response of my mails and calls due to this h1b extension pending (they are filled after i-94 expiration).
I was raised the Service request and here are mail from USCIS:

Title 8, Code of Federal Regulations, Section 103.2 prohibits this office from responding to an inquiry submitted by anyone other than the petitioner, applicant, or legal representative. We will be happy to address the status of this case if such a request is submitted by the petitioner, applicant, or legal representative.

Title 8, Code of Federal Regulations, Section 103.2(a)(3) states, in pertinent part:

A beneficiary of a petition is not a recognized party in such a proceeding. An application or petition presented in person by someone who is not the applicant or petitioner, or his or her representative as defined in this paragraph, shall be treated as if received through the mail, and the person advised that the applicant or petitioner, and his or her representative, will be notified of the decision.

We hope this information is helpful to you.


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Hi @rajeshg
As I told earlier, you have to ask your employer to raise service request. You cannot raise it and that’s what the USCIS message says too.

Hi Anil,

Still my first h1b extension is in received status and its almost 1+ yr as of now
I am not sure I am eligible for h1b transfer from India or not.

Please suggest me further steps in my case.

Regards,
Rajesh G

You can ask for upgrading your application to premium and get result faster.

Or ask your Employer to raise service request.

You can file H1B transfer but it might also take same amount of time to get result.

Thanks for the reply.

Today I have the updated stated from USCIS portal :

Request for Additional Evidence Was Mailed

On February 13, 2019, we mailed a request for additional evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number

XXX XXX XXXX.

my employer/attorney has requested below:

we require a letter from the client stating that work is still available there for you when you return to the US as well as stating your job duties and the tools and skills required for this position. Please note that the letter must state that work is available at the end client for you in the same position you were working in prior to your leaving along with the dates that you will be working there.

I need your support how to move further this RFE?

You have to get the letter from your end client. Talk to your employer and they can arrange one after talking to end client.

1 Like

Here is my employer response today:
The attorney is suggesting that without the end client letter, it’s highly unlikely for the approval. Iam not sure how to proceed further if we cannot secure the client letter.

Why are you un-sure about proceeding? Why are you not asking for client letter?

As per client policy, they are not providing client letter to any contractors and client manager has not responded for my mail request on that time.

Prime Vendor is also suggested, do not pursue any further with client.
Hence we haven’t been able to get it client letter on January 2018.

Well, then, you can’t do anything about it.

The chances are really very low for H1B approval if you do not submit the RFE requested documents.

There is no other way to get approval as per my knowledge.

Why don’t you find a new H1B employer and file H1B transfer?