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Immigration Issues/H1b extension and I-94 expiring

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Question
Hi,
My H1b is getting expired on 1st Sep'2012 and my I-94 is valid till 11th Sep'2012. But my employer is not able to file my H1b extension before 1st sep'2012 and most probably they will file after 1st September'2012 but before my I-94 expired(which is 11th Sep'2012).
Is it valid to file this way? Or what are the implications of this in future? (I mean if I re enter in US or If my green card gets filed)
Please advice.
Thanks in advance.

Answer
Hi,

As a practical matter, due to an informal 10-day grace period usually accorded by the USCIS in connection with H visa status, as long as the company files an H1B petition prior to Sep. 11, 2012, it should be OK to remain in the U.S. However, I recommend that you discontinue employment after Sep. 01, 2012 and resume employment again only when the USCIS has approved the H1B petition requesting extension of H1B status.

It is recommended that your employer file through premium processing, whereby the USCIS will make a decision on the H1B petition (or issue a Request for Evidence if there is additional information required) within 15 days after receiving the H1B petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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