H1 - B premium processing Fedex lost the package and h1b and I-94 both expired.

Hi, I have been informed by my employer and attorney that my h1b extension has been filed under premium processing in second week of January 2018. My current h1b petition and I-94 got expired on first week of feb. Now today I came to know that fedex has lost that package and it has been resend again and delivered to USCIS. I have a couple of queries-

1- what is my current status now? Whether I am sole responsible if status loss happened?

2- Shall I stay in usa or go back to my native country?

3- Shall I take legal advice from another lawyer?

4- USCIS can help in this odd case?

5- shall I continue my job? Or wait until I get the receipt?

Please suggest I am too much confused!!!

It all happened inadvertently.

You have some grace period. I think it is 30-40 days. Also, I have reason to believe that your employer’s attorney forgot to send the package and is blaming the situation on Fedex. Ask them for more evidence because if this is really true, you can sue Fedex for amount exceeding $5 Million for ‘absolute loss of livelihood and subsistence’. Get the previous tracking number from attorney or HR and get verification from Fedex that a certain package was indeed lost.

Thanks for response yes sure I will ask attorney to share receipt. I have emails as a proof from attorney saying that she has filed my extension to USCIS. Since I followed up with them for more than three weeks. So shall I go to work or not?

What if it is attorney’s mistake? As he didn’t share anything with me except email communication stating that it was filed two weeks back and waiting for receipt from uscis. Would it affect my current or future extensions???

Maybe your status will change to ‘received’ on the USCIS site. This is evidence of a process in progress. By all means, go to work. It is your employer’s problem and not yours although it is sad how you are being given the runaround.

It is unlikely that it would 4 weeks to realize that FedEx lost the package, and resend it. You would generally enclose a cover letter if it was no fault of yours when you are submitting petition after your status has expired.

You need to get the facts to start with. You will have to wait and see if USCIS would approve only the H-1B petition and not extend your status.

Hi Kelly/Shankar, thanks for reply!
So far I got the receipt notice from uscis that my case has been accepted for PP.
I also have the same doubt whether USCIS would extend my stay or not? From attorney I have been communicated that he attached the fedex letter and USCIS has accepted the case to process from previous date but god knows; I have no email/mail communication from uscis. It has been a week but case status not changed so far.