bfittler

Hi All,

Does anybody working/living in US ever had extension of H1B or extension of E-3 visa/status (non immigrant visa) being denied by USCIS?

Some attornies told me that the extension of H1B and E-3 visa/status from inside US are usually gurrantted.

I am confused?

Cheers,
Barry

fatbrit

They're not extending your visa but your status.

bfittler

Can we stay and work in US on the basis of this extension?

lisa67

yes

fatbrit

Yes, but if you leave, you'll need to go get the visa from the consulate to get back in.

bfittler

It means dont leave until green card is procesed (I guess?)

If status extension is gurrantteed on E-3 visa or H1B visa by USCIS some employer may process green card in some years.

lisa67

once your extension is granted you can leave the US and visit a US consulate where they will give you a short nterview you and put a visa in your passport which then allows you to travel in and out of the country until your visa is up for renewal again

augigi

Well, I'm sure some people have been denied. The renewal depends upon whether you still hold the specialized position you were initially approved for. People's circumstances change etc. If nothing is changed, and the LCA granted again, then you should be approved.

bfittler

Some people file change of employer using USCIS extension process but then in this case they no longer hold the same position. During change of employer can the end date from previous employer and start date from the new employer may overlap? In some cases employer run payroll/pay after 1 month of joining so even after leaving them you are geting paid for the days you worked?

augigi

Getting paid from Employer A while working for new Employer B, does not constitute "overlap" of employment. You can't control when they pay you out, but that doesn't mean you're still employed. You can't work for 2 employers on one E3 - you need separate visas for that.