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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28407
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I have a question on my visa, H1B My amendment

Customer Question

Hi Judith
JA: Have you talked to a lawyer yet?
Customer: I have a question on my visa
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: H1B My amendment approved after my VISA extension approval
JA: Anything else you think the lawyer should know?
Customer: my current visa expire date is 07-06-2016 my extension approved til 2018 by my amendment approved till July 6th by USCIS my amendment approved on 08/18/2016 and Visa extension approved on 08/16/2016
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 6 months ago.

Good morning, I am a Criminal Defense and Immigration Law attorney, and former Prosecutor for the State Attorney's Office. I'll be helping answer your questions today; please note I can answer your questions for informational purposes only, as we do not currently have an attorney-client relationship.

Expert:  Nisha Jones, Esq. replied 6 months ago.

I would like to better assist you, can you please clarify what exactly your question is?

Customer: replied 6 months ago.
Question is.. currently my employer saying I am in illegal status in USA with H1B due to the below situation. There are 2 requests raised on my petition One is amendment on my old petition which is expired on 7/6/2016 . the amendment request approved by USCIS on 8/18/2016 but still VISA is expired right now. the other request is on VISA Extension on my petition which is also approved till 2018. But USCIS approved by extension on 8/16/2016, which is 2 days prior to my VISA extension. due to this my amendment trumping my extension approval and they are asking me to leave India. So I just want to know how long I can stay ( I mean buffer time ) after 8/18.
Expert:  Nisha Jones, Esq. replied 6 months ago.

Your H1B visa is extended until 8/2018, correct? Then can you please restate what the concern is? I'm not sure I understand why your employer thinks you are here illegally?

Expert:  Nisha Jones, Esq. replied 6 months ago.

It sounds like your H1B visa extension was granted-- so that's cleared.

It also sounds like your H1B visa amendment was granted-- so that's also cleared.

From what you've shared, I do not believe that you are out of legal status.

I hope that's helpful, please feel free to clarify and ask my any more questions you might have. Please take a moment to rate me using the stars, as that is the only way I am compensated for my time, and we can still continue our discussion free of charge even after you rate me. Thanks!

Expert:  Judith Ludwic replied 5 months ago.

This is a matter of the "Last Action Rule" coming into play.

If your visa extension was aproved on the 16th and the amendment approved on the 18th the amended petition is the one that is controlling. What is the expiration date for the amended petition. I am not clear.


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