Hari

My H1B renewal is pending since sept 2003. The BCIS website says that
it is still in the processing stage. My visa is going to expire this
month. My company says that my status is valid even thought my visa
will expire this month.(I-94 is till march). I want to know if my
company is correct or not ? If I get rejected then I will have to go
back to my country.

Jeff Davis

Companies don't lie to their employees.
I wouldn't worry about it.


"hari" <> wrote in message
news:...
    > My H1B renewal is pending since sept 2003. The BCIS website says that
    > it is still in the processing stage. My visa is going to expire this
    > month. My company says that my status is valid even thought my visa
    > will expire this month.(I-94 is till march). I want to know if my
    > company is correct or not ? If I get rejected then I will have to go
    > back to my country.

Hari

I would agree with u here, but it is always better to have
cross check.

Jeff Davis wrote:
    > Companies don't lie to their employees.
    > I wouldn't worry about it.
    >
    >
    > "hari" <> wrote in message
    > news:...
    >
    >>My H1B renewal is pending since sept 2003. The BCIS website says that
    >>it is still in the processing stage. My visa is going to expire this
    >>month. My company says that my status is valid even thought my visa
    >>will expire this month.(I-94 is till march). I want to know if my
    >>company is correct or not ? If I get rejected then I will have to go
    >>back to my country.
    >
    >
    >

Jozef

"hari" <> wrote in message
news:mPCdneUNNLCwUYDdRVn-...
    > I would agree with u here, but it is always better to have
    > cross check.

You are in status until the expiration date on your I-94 card.
You will not be able to re-enter the US though once the visa stamp in your
passport has expired, not even if your H-1B extension is approved. You will
have to revalidate the visa stamp in your passport, either in the US, or at
the consulate in your home country.


    > Jeff Davis wrote:
    > > Companies don't lie to their employees.
    > > I wouldn't worry about it.
    > >
    > >
    > > "hari" <> wrote in message
    > > news:...
    > >
    > >>My H1B renewal is pending since sept 2003. The BCIS website says that
    > >>it is still in the processing stage. My visa is going to expire this
    > >>month. My company says that my status is valid even thought my visa
    > >>will expire this month.(I-94 is till march). I want to know if my
    > >>company is correct or not ? If I get rejected then I will have to go
    > >>back to my country.
    > >>
    > >
    > >
    > >

Mark

Hari, most of the responses you have received are incorrect.

You maintain a valid H1B nonimmigrant status as long as your petition is
pending. You may continue to work until the date that the case is denied.
This is afforded to you under the American Competitiveness in the 21st
Century (AC21) Act.

If you depart the country, while your petition for extension or change of
status is still pending, then you officially abandon the EOS/COS portion of
the petition and will not be permitted to re-enter without paying a visit to
the consulate abroad.

Regardless if your I-94 or your visa expires, you are still in a valid
status and you are still permitted to work.

"hari" <> wrote in message
news:...
    > My H1B renewal is pending since sept 2003. The BCIS website says that
    > it is still in the processing stage. My visa is going to expire this
    > month. My company says that my status is valid even thought my visa
    > will expire this month.(I-94 is till march). I want to know if my
    > company is correct or not ? If I get rejected then I will have to go
    > back to my country.

Dunroving

Originally posted by Mark
    > Hari, most of the responses
you have received are incorrect.
    >
    > You maintain a valid H1B
nonimmigrant status as long as your petition is
    > pending. You may
continue to work until the date that the case is denied.
    > This is
afforded to you under the American Competitiveness in the 21st
    > Century
(AC21) Act.
    >
    > If you depart the country, while your petition for
extension or change of
    > status is still pending, then you officially
abandon the EOS/COS portion of
    > the petition and will not be permitted
to re-enter without paying a visit to
    > the consulate abroad.
    >
Regardless if your I-94 or your visa expires, you are still in a valid
status and you are still permitted to work.
    >
    > "hari"
<> wrote in message
    > news:lsqdncsExPVoIoDd4p2dnA-
@adelphia.comnews:...
    > >
My H1B renewal is pending since sept 2003. The BCIS website says
that
    > > it is still in the processing stage. My visa is going
to expire this
    > > month. My company says that my status is
valid even thought my visa
    > > will expire this month.(I-94 is
till march). I want to know if my
    > > company is correct or not
? If I get rejected then I will have to go
    > > back to my
country.

I think you are wrong in one regard. Hari is in
status (i.e., legally allowed to continue working under H1B status)
until either (a) her renewal request is denied or (b) a specified "grace
period" expires.

Sorry, I can't remember how many days it is, but it is
in the region of months, not weeks. I was in this same situation back in
March and someone (may have been Ingo) pasted the exact regulations from
the INS Web site.

If I find the post, I'll put a link in this post
later.

[edit: here it is ]http://britishexpats.com/forum/showthrea-
d.php?s=&threadid=146550[/url]

Looks like you have 240 days. If your
request for renewal is denied, however, your time is up (i.e., you don't
get 240 days if you are denied during the 240 days]