H1-b extension (year 6+)

Old Oct 14th 2010, 10:39 pm
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Default H1-b extension (year 6+)

I've got a pending H1-b extension for year 6 for an additional 3 years (PD Jan '07). My 'H' expiry was September 29th 2010. We got the papers in and I have my receipt for the extension filing. My status online still says pending.
Is there any way to check how long I'll have to wait to get the extension/RFE?
Can you file PERM if the application is pending? (i.e. could my company pay the $1200 now and get the application processed faster?)

My OH is getting on edge as she thinks we don't have valid status even though we have receipt etc.

Any help appreciated.
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Old Oct 14th 2010, 11:13 pm
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Default Re: H1-b extension (year 6+)

Originally Posted by tigerbaywarrior View Post
I've got a pending H1-b extension for year 6 for an additional 3 years (PD Jan '07). My 'H' expiry was September 29th 2010. We got the papers in and I have my receipt for the extension filing. My status online still says pending.
Is there any way to check how long I'll have to wait to get the extension/RFE?
Can you file PERM if the application is pending? (i.e. could my company pay the $1200 now and get the application processed faster?)

My OH is getting on edge as she thinks we don't have valid status even though we have receipt etc.

Any help appreciated.
I"m confused. You mention 'PD Jan 07' which I assumed meant your company filed the PERM application in 07, which in turn would be the basis for extending the H1 beyond 6 years. Then in your last sentence you ask if you can file PERM if the application is pending.

If you haven't yet filed for PERM-> Green card then you have no basis for extending the H1, anyway. I hope that isn't the case.

Assuming you did file PERM back in 07, then you remain in valid status even after the expiry date of your H1-B, on the basis that you have filed a non-frivolous application for an extension. 'Non-frivolous' essentially means that you have grounds for the extension. The valid status continues until a decision is made on the extension.

If the application for extension is approved, you get a new I-94 and life goes on. If for some reason it is denied you are considered out of status as of the date of denial and possibly the date of receipt of application.

I don't think there is any reliable way of finding out how long the application will take other than checking the processing times at whichever USCIS centre is processing it. As a practical matter, although you have valid status, you may have issues with things like renewing drivers licences etc until you receive the extension. Also, you should not leave the country until you receive the extension.
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Old Oct 15th 2010, 2:50 am
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Default Re: H1-b extension (year 6+)

Do you mean file for "premium" processing rather than PERM? If so, I believe you can do this with a pending application - they dig it out of the pile and process it...

It's not an exact science, but www.trackitt.com suggests around 3 months wait at the moment. This can go up and down - they've likely got a surge of applications as the majority of H visas had a 1 October start date, so it could be a bit longer. As newXgate says, you're in status, but it might be hard to prove it to the average bureaucrat...
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Old Oct 15th 2010, 4:25 pm
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Default Re: H1-b extension (year 6+)

Sorry. I get confused. I'm in awe of people that keep up with the beauracracy.

My priority date is Jan'07 for filing my I-485. When I said PERM, I did in fact mean Premium processing.

My other concern is my TX driving license. Under the new system, my license sticks out like a sore thumb as it's presented in portrait (rather than landscape) and has 'Temporary Visitor' plastered on it. The other thing it has is a note that my status expires '09-30-10'. The license expires 06-09-11 so I'm not concerned about the renewal yet.

I'll leave it 30 days and then get my company to pay premium (if I can!).

Sorry for the garbled post but thanks for putting me straight.
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Old Oct 15th 2010, 5:52 pm
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Default Re: H1-b extension (year 6+)

Originally Posted by tigerbaywarrior View Post
My other concern is my TX driving license. Under the new system, my license sticks out like a sore thumb as it's presented in portrait (rather than landscape) and has 'Temporary Visitor' plastered on it. The other thing it has is a note that my status expires '09-30-10'. The license expires 06-09-11 so I'm not concerned about the renewal yet.
Unfortunately I think you do need to be concerned about renewal. My Tx licence has an expiry date of 01/12/2017 and my status expires 06/23 annually. The wrote to me this year saying I had to provide renewed evidence of my status or my licence would be cancelled 6 weeks after my status expired. I went with my updated status and it costs $11 for a new licence. This one still has an expiry 01/12/2017 but the status annotation has been updated to 06/23/2011.
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Old Oct 15th 2010, 9:53 pm
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Default Re: H1-b extension (year 6+)

Originally Posted by lonestargirl View Post
Unfortunately I think you do need to be concerned about renewal. My Tx licence has an expiry date of 01/12/2017 and my status expires 06/23 annually. The wrote to me this year saying I had to provide renewed evidence of my status or my licence would be cancelled 6 weeks after my status expired. I went with my updated status and it costs $11 for a new licence. This one still has an expiry 01/12/2017 but the status annotation has been updated to 06/23/2011.
ditto. The OP will get a very official letter telling him to renew.
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Old Oct 18th 2010, 4:01 pm
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Default Re: H1-b extension (year 6+)

Thanks both.

I'm getting my attorney on the case. Looks like my boss will be reaching for his check book shortly.......

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Old Dec 1st 2010, 7:04 am
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Default Re: H1-b extension (year 6+)

Update: still waiting for the renewal to approve/rfi....

I did some digging - the processing center says 31 months for H1-b extensions? Is that possible???
Since the H1b visa extension is only valid 36 months, you would essentially only have 5 months of proof!
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Old Dec 1st 2010, 1:26 pm
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Default Re: H1-b extension (year 6+)

Originally Posted by tigerbaywarrior View Post
I did some digging - the processing center says 31 months for H1-b extensions? Is that possible???
This is USCIS you're dealing with....anything is possible
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