Hi,
I have a friend who live in San Francisco area. He filed a file to extend his H1b status for another three years three months ago(90 days). He did receive the receipt but have not got the prove letter yet. Is this normal? How and where he can check his status? Any response are deeply
appreciated.
Jim

Hi!

I am in the very same situation as your friend. I have waited a little over 60 days for my extension. Both BCIS and my company initially said that it should take 30-60 days but now my company has changed that to up to 120 days. If you check processing times at the Californica Service Center they JUST STARTED working on applications received in December last year so expect it to take well over 120 days total.

I am going ahead with the premium processing myself and will pay the $1000 out of my own pocket.

Johan

Thanks, Johan.
I will let you know when my friend get his extension and hopefully it will not take too long.
Jim

Could you let me know the exact receipt date of your friend's application? That gives me a lower bound on what to expect for my own application.

thanks

Johan

120 days? I think the processing for H1B extension nowadays takes up to a year! I sure hope this isn't true because im waiting for my ext. approval too and i really need it asap. I hope someone can give us some info here. I filed mine about 4 months ago and am considering paying the additional thousand dollars just to speed it up...i sure hope it wouldn't get denied (i changed my employer)coz a thousand bucks is a lot of money!

For Johan,
The date on that receipt is April 18,2003. By the way do you know is it legal for him still working for the company even his first H1b turn is expired?
Jim

In my case, my company filed my extension a week before my H1B expired, which is good enough. The receipt from BCIS automatically gives you a 240 days grace period during which you can still work. I have no idea what happens after that and if it indeed takes up to a year, that could become an interesting problem again.

By the way, I got my company to help me with the $1000 premium processing so I am not going to wait for the regular processing to go through.

Johan

The California Service Center is really behind in processing cases. According to their latest report, they are working on H-1 extensions that were received in November of 2002. Hang in there, it will come eventually.

In regards to your work authorization, the regulations state that as long as your case was filed in a timly manner (prior to your current expiration date) then you retain work authorization for 240 days beyond your current expiration date. If you need to have your company look up the regulations on this it tell them to see "Continuing Employment for Certain Nonimmigrants" - 8 CFR §274a.12(b)(20)

The regulations at 8 CFR §274a.12(b)(20) permit aliens in specified nonimmigrant categories enumerated in that paragraph, whose employment is incident to status with a specific employer, and who have properly filed an application for an extension of nonimmigrant stay, to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Commonly referred to as the "grace period," this provision applies only to the categories specified in the regulation, not to all nonimmigrants. . . .



If the Service adjudicates the application during the 240-day period and denies the application, the employment authorization shall terminate upon notification of the denial decision, not at the end of the 240-day period.

Thanks, Johan,Tiffany and me too.
Jim