I am here on a H1B. My Visa and i94 got expired in May 2019 and I applied for an extension- I have not heard back on this application.
The documentation sent for this extension has last day for SOW as June 2019.
Between July and Sept, I worked for my employee in the US but no work authorization was filed.
Now, in Oct 2019 they have filed for a bridging visa/new client.
I foresee a huge issue- for three months, I was not in the project for which extension was filed and have no SOW documentation. What are my chances (what will come of the two petitions)
Were you in proper H1B status, when your extension was applied ?
If you properly filed, you canwork up to 240 days with H1B pending…Discuss with your employer and attorney your current status and your choices…if you believe, you violated status.
Thank you for responding Kumar, here is the timeline
May 2019- both H1B and i94 expired (extension applied a few days prior to this). Hence I can work till Jan 2020 (240 days) if I dont hear back.
June 2019- client SOW on which extension was applied ended. This was also the last day with this client
Next H1B amendment applied- Oct 2019 (my employer “forgot” to file amendment!!!)
So, if there is an RFE on my earlier H1B extension- I do not have a valid SOW. Is that an issue? I am getting paid all these months.
Well, it could be an issue…all depends on how they have filed your H1B…your attorney would be the best person to know this…Getting paid is one part and working in a non-speculative speciality occupation employment is another part, both are required to be in proper status. Discuss with your attorney, if any issues and plan for backups.