Discuss kaam's H-1B USCIS Case

H-1B case: Approved in 90 days (-2 days more than average)
India
extension
Vermont
regular
26 Apr 2012
30 Apr 2012
EAC - XX
no
approved
25 Jul 2012
90 days
03 May 2012
28 Jul 2012
Recd. Receipt No. today (June 11, 2012) from the lawyer..41 days for receipt


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Users currently watching this case: kaam, gcshark, IGAG, mnex, tribenie, testnina123 14 Comments

Posted by Maranatha
04 May 2012 #1
Hi

Did you get your receipt number? How long did it take?
Posted by kaam
05 May 2012 #2
Not Yet..As per the lawyer..Application Mailed on April 26..I assume they received on Friday, April 27...
Expecting receipt sometime next week !! how about you ?
Posted by Maranatha
06 May 2012 #3
Me neither. My employer checked last week & the checks were not encashed yet. I am hoping this week too.
Posted by kaam
23 May 2012 #4
The lawyer called USCIS today..USCIS said they could not find my case (certified mail shows recd. by USCIS on April 30, 2012). USCIS has asked to mail the petition again..
Posted by Maranatha
23 May 2012 #5
That's such a waste of time! I hope they find your case like they did for the other person.
Posted by IGAG
23 May 2012 #6
My employer contatced USCIS and this is the response

Per USCIS:



Due to the high number of I-129 petitions filed with USCIS recently, customers will experience a longer than usual period of time to receive their receipt notice from USCIS. Usually customers who have received a delivery confirmation can expect to receive their USCIS receipt notice within 30 days of that date. However, due to the unexpectedly high volume of applications, it may be an additional 2 to 4 weeks. Customers who do not receive notification of receipt within 60 days of their delivery confirmation date should contact the appropriate Service Center for further information



Posted by IGAG
23 May 2012 #7
My I 94 expired on May 11 and in case they canot find my application, Can I re submit it Or would I be out of status ?

Does any one know the rules in this scenario ?
Posted by Maranatha
24 May 2012 #8
@IGAG
Posted by Maranatha
24 May 2012 #9
@IGAG.. contact your attorney ASAP and clear it out.

http://www.uscis.gov/USCIS/Resources/C1en.pdf

Can I get an extension of stay if my status already
expired?
If your status expired before you filed an application with USCIS
to extend your stay in the United States, or if you have otherwise
violated the terms of your status (such as by working without
authorization), then you are “out of status.” If you fall out of
status, we cannot extend your nonimmigrant stay except in limited
circumstances beyond your control. Staying longer than the period
for which you were granted admission may also negatively affect
your ability to obtain other benefits or to return to the United States
later. If you fall out of status, we recommend that you leave the
United States as soon as possible to limit the possible impact on
your ability to return to the United States in the future.
Posted by Maranatha
24 May 2012 #10
What if I file for an extension of stay on time but USCIS
doesn't make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status,
when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of
discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your extension of
nonimmigrant status request. Nevertheless, DHS may bring a
removal proceeding against you, even if you have an application for
extension of status pending.
Even though you are not actually in a lawful nonimmigrant status,
you do not accrue “unlawful presence” for purposes of inadmissibility
under section 212(a)(9)(B) of the Act, while your extension
of status application is pending if it was filed prior to the expiration
of your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your extension
application is pending if USCIS receives your application before
your Form I-94 expires, and you have not violated the terms of
your nonimmigrant status. You may be required to stop working,
immediately, when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.
If your application is approved, the approval will relate back to the
date your Form I-94 expired, and your status during the pendency of
your application will then be considered to have been lawful.
If your application is denied, you may be required to cease
employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is
void, you must submit any new visa application at a U.S. consulate in
your hom
Posted by testnina123
24 Jul 2012 #11
DO you have any update on your case ?
Posted by kaam
24 Jul 2012 #12
NO..Online check says "Initial Review"
Posted by tribenie
28 Jul 2012 #13
Hi Congratulations!! A bit confused....just wanted to know if you updated the status late or got to know it late or the status itself got refreshed late?
Posted by kaam
29 Jul 2012 #14
Checked status online on July 25...shows approved and I received H4 approval mail on Saturday (July 27). I will get a call from lawyer on Monday (July 30) about my H1 approval and/or the courtesy mail from my employer..

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