Hi TruVisa,
Nice being here, newly joined this group. I have a quick query pertaining to my H1B extension.
Query:
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//Best regards,
Vin
If you have not received final result for any of your H1B extensions, then you are still eligible to keep working in US for up-to 240 days from your i94 expiry date.
As I understand your question, your i94 has expired in September 2017?
If the Missouri H1B extension gets denied, and your New york extension is still under process, you can keep working in NY up-to 240 days after i94 expiry.
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.
I got it Anil.
I have been told - second one costs less. So just wanted to cross-check using way around.
It would be nice if you tell me : Can we apply 2nd extension like that - while 1st running in previous client location. I understand with amendment, but extension.!!?
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.
Out of thin air I got an email from my immigration team yesterday, saying:
Your latest approval expires, on June 22, 2017 & not September 2017.
240 days from June 22, 2017 is February 17, 2018. You should request for a premium conversion right away.
Vital Info:
Now my petition is under Premium processing. (Yes, so quick )
240th day from approval notice validity date February 17, 2018
*June 22nd 2017 is my Missouri approval notice validity date.
My I-94 expiry date: September 18th 2017.
*My H1B visa expiry date: September 8th 2017
My query:
Is it 240 days rule applies from the current H1B visa expiration or I-94 expiration or approval notice validity date? (My most crucial Q in these queries)
What if I don’t get USCIS reply before February 17, 2018?
What if I get reply and that is RFE?
In case of either 2 or 3: Do I have to travel back to my home country or can I stay back and wait until I get USCIS decision?
Assumptions:
If I am allowed to stay after 240 days (i.e., Feb 17th 2018):
*I shouldn’t be working/billing.
*I can rejoin to my work, if USCIS approves my case.
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.
NOTE:
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).
Yes, my case seems to have tangled a lot. It might have been straightforward if I happened to be at a single client location at these tough times under new regime.
I’m still not sure, whether I have only one extension or two. Only my immigration team can assist me here. Wish they were as quick & responsive as Tru Visa
One more small clarification based on 1st question in this thread on Jan 12:
When I relocated to New York state from Missouri state, we applied for extension again (i.e., 2nd extension I call).
Whether the 2nd extension applied from New York in July overwrites the extension applied in May 2017 from Missouri?
If it doesn’t overwrite…then I have two extensions running currently, Right? In that case do I have to apply premium upgrade for both individually?
Yes you have a point. Why would I got a RFE for Missouri.
I have got RFE for Missouri extension application. I suppose my Immigration team would have applied Premium for the one which got RFE. I’m awaiting their reply since 24 hours
Ideally, if you do not intend to work in Missouri, your employer should have withdrawn that application.
You are currently working in New York and that should be the one application that needs immediate approval/decision.
But, the problem with all these multiple applications is that USCIS will NOT approve (most probably, although possible) the New York application unless Missouri application’s fate is decided.
You should ask your employer as to which one they have upgraded to Premium. This is really important for you to know at this stage.
Check this real life scenario (not directly related to your case). Just sharing to show how USCIS makes decisions:
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.
Do not worry. Premium processing will have a result (approval/denial (is rare)/RFE again) within 15 days. Normally, the average is 10 calendar days. USCIS works even in Government shutdown.
So, do not worry. You have taken the steps that you could at this time.
