Out of work for 4 months H1B extension

[aveemac]

greetings all. Im looking for some references to show my employer. HIB expired April. I applied for an H1b Extension May 12th. i AM THE ONLY h1B EMPLOYEE THERE. My Hr suggested i take leave without pay while this processes. they know nothing about hiring foreign indviduals. My thought was it would only take 1 month. It is going on 90 days. I called INS and they said I never had to quit working. i called to tell my employer what INS said.Wanted to return to work asap. They think they need to wait for the new paperwork. Any sugestions links, web pages,so I can forward information to them regarding my capablity to return before the processing is completed. 4 months is a long time and Im losing everything!
Thanks for anything.

[aveemac]

greetings all. Im looking for some references to show my employer. HIB expired April. I applied for an H1b Extension May 12th. i AM THE ONLY h1B EMPLOYEE THERE. My Hr suggested i take leave without pay while this processes. they know nothing about hiring foreign indviduals. My thought was it would only take 1 month. It is going on 90 days. I called INS and they said I never had to quit working. i called to tell my employer what INS said.Wanted to return to work asap. They think they need to wait for the new paperwork. Any sugestions links, web pages,so I can forward information to them regarding my capablity to return before the processing is completed. 4 months is a long time and Im losing everything!
Thanks for anything.

[Mrs. Mani]

The reference is: 8 CFR 274a.12(b)(20). This is the rule that states that an individual may continue working IF THE H-1B EXTENSION WAS TIMELY FILED.

Your extension was not timely filed which means you are not allowed to work while it is processing. Upgrade to Premium Processing ($1000) and it will be adjudicated in 15 days and tell them you'll pay for it.

[aveemac]

Thanks. Mrs. Mani. Does timely filed mean before the work auth expired? I filed April 3rd initially and was sent a receipt. H1b expired April 19th .They asked me to send the 1500 payment and then continued processing on May 12 th. Does that mean it was not timely because it was not sent within 90 days of expiration?

[Mrs. Mani]

When you first filed, did they reject your petition because you didn't include the $1500 and had to re-send everything with the check or did they send a request to only send the check?

[aveemac]

They only sent a request to send the $1500 check. They did not return all documents.

[Mrs. Mani]

In that case your petition was timely filed and the reference I cited should apply to you.

[federale86]

Nope, ICE man come for you.