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The USCIS reports that there is a delay in processing the H-1B Extension petitions. When a particular candidate processes an H1B Extension under regular processing, it is expected that the USCIS would process the application within a two to three month period. Lately, there have been plenty of applicants who have been waiting on a response from the USCIS for also more than 6 months now.
Reason for the Delay
According to the USCIS, the resources to process the H-1B Visa Extensions is limited, because of which the delay is prolonged for a few months now. It is also expected the government shutdown which happened In October of this year also is a major cause of this delay.
USCIS plans to allocate more resources to expedite processing the H-1B Visa Extension petitions
You may file H-1B Extension under Premium Processing
If you have already applied for H1B Visa Extension or yet to apply an extension, I would advise you to plan ahead. You may start applying for extension, 6 months before your H-1B Visa expires. If you have already applied for an H-1B Extension under regular processing or if you do not want to wait for long until USCIS responds to your petition, you may apply extension under premium processing.
Check the F1-OPT Graduates Career Fair post on H-1B Premium Processing
Pending H-1B Extension and i94 Expired
As long as you already filed your H-1B Visa Extension petition to USCIS, you can continue to work for your employer even though your I94 (H-1B visa) is expired. I would advise you to check with the USCIS on your case status if you have been working in that condition for more than 6 months and get an update on your status, or file for premium processing.
Consequences:
If you have not received a response from the USCIS before your visa expiration date:
- Your driving license would expire: You cannot drive with an expired drivers license in the United States.
- You may not have a valid ID: Since your drivers license expires, you may have to carry your passport to any place you would plan to travel.
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