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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Will u be able to answer my question on h1 extn?
, I

Customer Question

hello will u be able to answer my question on h1 extn?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was working on Company A and I-94 expired on june 30 2015..They applied for extn ( for 2 months that was pending on 6 year term)....This petion was in pending and i moved out over to company B who applied for transfer on Aug 24th 2015...My 6 max out term was on sept 10th 2015...Both appications are pending...Company b has approved labor for me...Company B's Petion is still in progress...How long can i continue to work? it has been 6 month now with no approval..does the 240 limit apply from old i194 expiry date? or once aug 24 2015 when i moved over to new employer?
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Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Your new employer needed to file prior to the expiration date of your I-94 or it is dependent upon Co A's approval. Co A can get an extension of 1 year beyond the 6th year based on the approved petition. Any employer can request the one year no matter who filed the PERM.

You have a problem with the approval for B's extension because you were not in status when they filed their petition. You were not extended for A who is the bridge and if A is not approved, B fails, the bridge has fallen.

All that being said you are only authorized to work based on A's timely filed petition for 2404 days.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 9 months ago.
if B's is approved within one or two weeks after 240 days would that helP? should i leave the country? or just be in the country and wait for approval?
Customer: replied 9 months ago.
Can i continue to work if B is approved in premium , but A's petion is abandoned? Please suggest
Expert:  Judith replied 9 months ago.

If A has been abandoned you have a problem.

Look at bottom of Page 37-38 (vii) Bridge filings.

You would have been accruring unlawful presence from the time your I-94 expired and can trigger the 3 year bar if you depart now.

You need to find out what A has done with your petition.

I am sure you have an attorney and if you don't you need to retain one and discuss your situation with the bridging with an "abandoned" bridge.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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