Two H1B extension in process, One got RFE, Can i continue working if it gets denied

Hi Anil,

I appreciate the quick and precise response.

Just one more detail needs to be known: What is the role (significance) of APPROVAL NOTICE expiry DATE.

Since my immigration team says, my 240 days starts from the Approval notice expiry date i.e., June 22 2017. And thus 240th day is on 17th Feb 2018.

Regards,
Vin

H1B i797 expiry date - Work Authorization Date

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).

Let me know if you have more doubts.

SOURCE: See Official USCIS guidance

Hi Anil,

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 :slight_smile:

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?

Best & Kind regards,

Vin

As per my knowledge, each extension application is separate and does not override each other.

If the New York application had overridden the Missouri extension, why would USCIS send an RFE to you for it?

You will have to apply premium separately for each request/application as far as I know.

Which one have you upgraded to premium now? New York application, i guess.

Hi Anil,

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 :slight_smile:

It should have been New York?

Regards,
Vin

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:

Anil,

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).

Regards,
Vin

Anil,

Can you please tell me what if employer is changed after applying for extension. I mean before my Approval notice last date (June 22nd 2017).

Relocated to NY in July.

Kindly let me know.

Best Regards,
Vin

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.

Did your employer really changed?

Change of employer petitions (normally called H1B transfer) do not fall under the 240 day rule.

Anil,

Thanks for the link Anil. Now I can quickly get back.

Upgraded Missouri extension to premium on Feb 2nd 2018.
June 22nd is my Approval notice end date and Sept 8th is my H1-B visa expiry date. (JFYI: Sept 18th my I-94 end date.)

NY extension filed in July 2017 when I moved to new client place.

Sorry for little confusion in my little head, you’re right, my employer not changed, only client changed.

Where I stand now? :no_mouth:

Thanks a lot for your patience Anil.

Regards,
Vin

The dates in your case sound a bit weird.

If you H1B approval was expiring on June 22, how could you get a stamped visa with Sep 8 date. This is strange.
The two dates should match ideally.

I-94 expiry with extra 10 days after Sep 8 is normal.
USCIS gives extra 10 days to leave to country in case you do not file for extensions.

Anyway, once your Missouri application is approved, you are safe.

Anil,

My original H1B approval expiring on Sep 8. Two dates match here.

But, the one which my immigration team considering now is Latest Approval notice I got during my Missouri tenure. i.e., till June 22nd.

Anyway, once your Missouri application is approved, you are safe: Does that mean, I can stay back until I get decision from USCIS?

Regards,
Vin

As per official USCIS guidance, up-to 240 days after i-94 expiry is what you can stay and work.

It looks like my case is completely messed up due to lack my immigration related knowledge.
And at the same time less support from concerned colleagues back home.

PS: By any chance, if you stay around NY or NJ please let me. I need assistance & I am all fine to pay for it.

Thanks for all your help so far Anil.

Best regards,
Vin

I am not an attorney, my friend :slight_smile:

Just helping other people in the community with the knowledge i have. I don’t charge for it. Its free.

I can understand your situation. Don’t worry, you will be able to sail it through fine.
All the best.

No problem.
Thanks for all the quick & accurate replies.

Thanks :slight_smile:

Anil,

I would like to share with you here: I got approval for NY Amendment + Extension up to June 2020 . :slight_smile:

Regards,
Vin

Awesome. Enjoy.
Thanks for updating.

Do share truvisa.com with others who might need help.

Thanks Anil…

Sure :slight_smile: :+1:

I am still awaiting my Missouri petition’s decision to come.

I am no more working in MO and my NY amendment + extension are approved, where I’m currently working .

I’m very much positive that it will be approved. But, what if, in worst scenario if it got DENIED?

Insight from you will be very useful. Kindly shed some light on it.

Have a great weekend.!

Regards,
Vin
New York.