I am Rohan & i would like to have a free advice from your side. I came to the US five years back in 2008 on a L1B Visa. After 2 year' my company got for me an H1B Visa. My H1B Visa' validity for 3 years has already expired on September 18th 2012 and my five years L1B Visa validity will be over by October 31st 2012.
My company's attorney forgot to extend my H1B Visa for the next 3 Years now they told me that they are going to do it through premium processing.
Mmy query to you is, can the premium processing to extend my H1B Visa for the next 3 years be done now, as my H1B Visa has already been expired on September 18th 2012. Will the USCIS approve the premium processing if it's applied now. Please note I am working for the same company & in the same position.
Looking forward to hearing from you,
Rgds - Rohan.
2 Answers from Attorneys
You are currently violating your immigration status if your H1B status has expired.
It appears that the H1B petition is approvable, but instead of being granted extension of status, you will be required to obtain an H1B visa stamp at a U.S. Consulate outside the U.S. (in your home country) to obtain an H1B visa stamp and then enter the U.S. You should obtain independent immigration advice rather than rely on the corporate attorney. You have the option of calling our immigration law firm at 212-268-3580 during business hours to arrange for a legal consultation.
As of 9/18/2012, you have been residing and working within the US without status and authorization. I would suggest that you cease working as to not violate your status any longer since it might pose negative consequences for any future petitions or applications.
While you may still retain your start date since you already held an H-1B before, you will have to depart the US and get your visa stamp overseas. I would advise you to consult an immigration attorney as soon as possible since you are currently out of status.
Best of luck.
Verdin Law Firm, LLC
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