Nice being here, newly joined this group. I have a quick query pertaining to my H1B extension.
I’m in US on H1B visa, currently working in New York.
My 1st term H1B visa validity has been completed in September 2017.
I have applied for my H1B visa Extension in May 2017, from my previous client location in Kansas City, Missouri, USA.
I once again applied for Visa Extension and Amendment in July 2017, when I moved to my current client location in New York.
Now, I would like to know whether both the applications are valid? If so- what would be my next step if the first application (applied in Missouri) gets Denial from USCIS.
Should I be still waiting for my 2nd application (applied in New York) decision to come or do I have to travel back home country immediately?
Please let me know.
PS: I replied RFE received for my 1st application (Missouri) on Nov 23, 2017. Waiting for the USCIS decision.
Thanks for the reply Anil.
Yes my i94 expired in September 2017.
In Missouri I have applied for H1B Amendment + Extension. (100% sure).
As per my immigration team back home - when I relocated to New York in July 2017 they have applied for one more Extension+Amendment from New York. I’m quite skeptical that, whether 2nd one is extension+amendment or only amendment.
To make sure myself, is there anyway that I can confirm the same from receipt notice amount?
In other words - how much it costs for 2nd H1B Extension+Amendment.
Normally, the extension also has to be supported by ‘Client’ letter, giving details about your project and working location.
So, yes, if you need to re-locate to a different location than your CURRENT H1B’s, then you would file extension too.
But, in your case, it seems a bit confusing as to what your company is trying to do and in what order.
Amendment - is specifically meant to get approval from USCIS for material changes in your Job, which in your case is change of location. Extension - is to extend your lawful status in US based on your job again.
Normally, if you are filing extension (and your job location has changed), they would file one single application (for each location) with all the new details.
I am really not sure if the second application (Amendment or extension) gets any discount from USCIS. Will check and confirm.
240 day limit starts after i94 expiry date, not visa expiry date
The 240 day limit counter starts from i-94 expiry date, not the visa end date.
In most cases, your i94 end date is same as your visa date, but they can be different too.
Visa only allows you to enter the US. It does NOT define your period of authorized stay in US. Period of authorized stay is solely governed by i-94.
You can keep working up to 240 days after i94 expiry
If your 240 days are not ending on Feb 17, 2018, you can keep working.
Stop working on 240 days completion to avoid issues later
The 240 day limit is the HARD stop. The extension should be APPROVED within these 240 days to keep working.
If there is any RFE or result pending or anything else than APPROVAL, you should stop working and leave the country immediately.
The H1B I-797 approval notice ‘Expiry date’ governs your job and work authorization within US.
i94 expiry date = Period of authorized stay in US
The i-94 expiry date governs your ‘Period of authorized stay’ within US.
Can work up to 240 days after i94 expiry
As per my knowledge, if you have filed your H1B extension before your i797 expiry AND i-94 expiry, you can continue working for up-to 240 days for the SAME employer, counting from the i-94 expiry date.
Upgrading to Premium is faster
I know it is confusing. But, you have done the right thing to upgrade your application to Premium and avoid any issues after Feb 17, 2018 (in your case).
My employers have applied only for Missouri and they are very much sure that - Premium result will come by Feb 17th. I’m not sure.
It’s been 5 days, my case history not yet updated in USCIS login website.
PS: I am unable to login to Tru Visa website from home. Give some authentication error. (not log in).
Ya…Truvisa log-in will not let you authenticate if you do NOT use the ‘https’ in the url.
Use this link to log-in and it should work: https://www.truvisa.com from anywhere.
I did suspect earlier that your employer would have filed for the Missouri application to be upgraded to premium. This is simply to maintain the ‘Continuity’ of your legal status.
Since, your New York extension was filed AFTER your first H1B’s expiry date i.e. June 22, you should have some legal status between June 22 and your New York application.
Your Missouri application is a bridge currently and your employer should not withdraw it.