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

USA H1B Visa
21

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

22

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.

23

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

24

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

25

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

26

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.

27

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

Thanks :slight_smile:

28

Anil,

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

Regards,
Vin

29

Awesome. Enjoy.
Thanks for updating.

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

30

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.

31

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?

32

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

1 Like
33

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.

34

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

2 Likes
35

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 ?

36

You have come to right place to contact me :slight_smile:

  1. When did your i94 expire?
    I94 primarily defines your authorized stay in US.

  2. You have changed the client ONLY? Not your employer. Am I Right?

37

  1. I94 expired on Oct 23 2017

  2. Yes I have changed client ONLY. Not my employer.
    This client B’s amendment + extension is in progress. But , client A’s extension RFE got denied yesterday. I got to know just an hour back :frowning:

Am I out of status ?
Looks like I’m IN STATUS after going through above conversation you had

38

As per my information,

  1. USCIS will now send you the letter listing the dates and your status for the period between Oct 23, 2017 to denial date. They will also list, if you need to leave the country and the time frame too.

  2. There is very HIGH probability that you will either get an RFE on your second H1B application or it will be denied straightaway during next couple of days.

  3. Your current status will MOST probably be counted as ‘OUT-OF-STATUS’ now.

39

But, You have replied to vcdusdays scenario on Jan 12 on this same post that “he can keep working in NY upto 240 days after i94 expiry even if his Missouri’s H1b extension gets denied” ??!!

Could you please revisit that comment on this same post dated Jan 12?
I can leave comment there too for your quick reference.

40

Hi Anil,

This was the comment which I mentioned about in my last comment on this post.