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

Ideally, if you do not intend to work in Missouri, your employer should have withdrawn that application.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.

I think I shared one possible scenario earlier where the USCIS moved the ‘approved’ second application back to RFE when the first application was moved to RFE.

That is possible.

But, it all depends on the individual USCIS consultant who is working on your case.
The most probable case for you at this time would be that they will approve the MO application or will send one more RFE.

You are good in both cases.

What is the approval start date on your NY application i797 notice?

Hi Anil,

My both Missouri & NY petitions got approved:relaxed:
Now I have both original approval notice in my hand :slight_smile:

Approval notice validity dates are as following:
MO- June 10 2017 to June 09 2017 (this was applied in May 2017 from Kansas City MO)
NY- Feb 02 2018 to July 17 2020 (this was applied in July 2017 from New York City, NY)

Looks like USCIS has bridged the gap very well in sync. Kudos.

Thanks for all your inspiring inputs during turbulent times ( i.e 1st half of this month- Feb 2018).

Best regards,
Vin

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Wow…awesome news. I am happy for you.

Looks like you meant MO-June 2017 to July 09, 2017 instead of June?

All the best and enjoy.

Oops it’s MO- June 10 2017 to June 09 2018…

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Hi vcdusdays and Anil,

I’m in similar situation. How do I contact you guys ?

My Case:

  1. I entered US with H1 visa which got expired on Oct 23 2017
  2. Filed Extension in July 2017 with Client A based out of NJ
  3. Got RFE in Oct 2017 with Client A
  4. Changed project and started working with Client B based out of NY
  5. Employer responded to Client A’s RFE in Dec 2017
  6. Employer also filed Amendment + extension for client B in Dec 2017
  7. Client’s Extension RFE got DENIED on Feb 26 2017

As per your conversation understood that since my Amendment + Extension with Client B is in progress, I’m still in status. Or Will I be out of status ?