Legal Question in Immigration Law in Delaware

H1 extension

My H1B visa is going to expire in 2 weeks. My new employer already file for the extension / petition of my H1B. They gave me the EAC no. and I checked that they already filed it last month but since they did not file it as premium, I dont know the result yet if it will be approve or not. What should I do now? Do I have to wait for the result? Or should I go home to my country so i will not over stay here in the US? Am I still legal to stay here while waiting for the result?

Thank you in advance for your reply.


Asked on 10/22/04, 12:34 pm

3 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: H1 extension

Upon filing the application, you are in a stay authorized by the attorney general and are given time in which you are authorized to work after the expiration of your I-94 card.

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Answered on 10/22/04, 12:56 pm
Neena Bohra Law Offices of Neena Bohra

Re: H1 extension

Your attorney should have explained to you that you do not have to wait for an approval in the H extension scenario and as long as the sequential employment petition was filed in a timely manner, you are authorized to stay and work here! Good luck!

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Answered on 10/22/04, 1:19 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: H1 extension

From the facts you described, the "new employer" filed an H-1B1 Transfer, not an Extension.

You are authorized to work for the new employer immediately upon filing with the USCIS, as long as the job and wages for the new position are similiar in nature to your previous position.

Please telephone our office at (212) 618-1830 to discuss your situation in greater detail.

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Answered on 10/22/04, 2:09 pm


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