Legal Question in Immigration Law in New Jersey

if h1b extension is denied...

What other option do I have to stay legal in the US at this point and if extension is denied?

-H1b visa expired last 08/30/08

-H1b visa Extension was filed by employer last 06/25/08

-H1b Extension is now RFE by USCIS since 04/03/09 and need to comply by 05/18/09

-using the 240 days to stay on the project and legally in the US

-project with end-client is until 03/31/10

Would appreciate any response.

Thanks in advance!


Asked on 4/30/09, 10:21 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: if h1b extension is denied...

Since you have already been in the US for more than six years on your H1-B visa, and your visa extension has already been filed by your employer, you should contact the immigration services asap to find out what your status will be on the basis that the project will not end until 03/31/2010.

Clearly you employer filed the necessary paperwork in a timely manor, but the immigration services is always backedup.

All you can do is keep calling every other day regarding your file because each time you call the date and what was discussed is recorded in your file.

Remember, however, that you were let into the US to work for one particular employer so your options right now are limited.

Antoinette M. Wooten, Esq.

Belleville, NJ

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Answered on 5/01/09, 3:49 pm


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