Legal Question in Immigration Law in California

Re: I-94 extension pending H1B approval

This is a very basic question that should be posed to your company's immigration attorney.

Re: I-94 extension pending H1B approval

You probably received a receipt notice from the INS acknowledging your H-1B was received in May 2002. Because this is a change of status from visitor to H-1B (not a transfer from H-1B to H-1B), you cannot work for your employer until the INS approves your H-1B. However, INS regulations allow you to remain in the US for 120 days beyond the expiration of your current status (visitor status until August 2002). An approval of the H-1B will retroactively put you in status from last date of the I-94. However, if the H-1B is denied, the denial dates back to the last date on the I-94. As a precaution, you may want to file an extension of the visitor status, and note on the application that your employer filed for an H-1B petition for you and you are waiting for the approval. In the alternative, you can always file a premium processing request after the fact. You will need the receipt notice of your H-1B petition and attach it to the premium processing application with the $1,000 premium processing fee.

Let me know if you have questions.

Sincerely,

Anja Freudenthal