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 H1BWiki 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.
Just wanted to pass on my recent experience with this situation. My driver's license was due to expire in a few days from now. In order to have my driver's license extended today at the DMV in Little Rock, Arkansas, I had to provide:
– My current driver's license
– My current passport
– My current visa (which is in an expired passport)
– I-94 from the last time I entered the country (I printed this after searching for it online)
– Form I-797C (Notice of Action), which I asked my employer for a copy of
– A letter from my employer stating that I currently have valid H-1B status, and that extension of that status with the same employer is currently pending.
I arrived at the DVM soon after it opened, and was told that it would be 3-5 business days after they ran my documents before they received word back through the system about whether my driver's license extension would be approved. I had not brought my passport or visa with me, so had to drive home to get them. When I arrived back at the DVM, I was met by a different person, and they entered my documents/information into their system. I was surprised and very pleased to be told just a few minutes later that an 8-month extension to my driver's license had been approved, and I had my new license within 10-15 minutes. I felt (feel) very relieved.
My advice:
– Make sure you turn up with all of the documents I mentioned
– Go first thing in the morning (if possible); it gives you more time to sort things if there is a problem, and I think the system is dealing with less traffic then too.
– Go to the DVM more than 1 week before your license is due to expire (if at all possible). You may not be as lucky as I was, and the staff there told me that even after 5 business days, there have been some people who have they have not received a decision on, or whose extension was denied.
Good luck.
I travelled to US in March 2015.. applied for regular extension in July 2015 … my H1B expired in Sept 2015… I waited this long but didn't hear back… was worried as ppl who applied both befr and aftr me hav got their extensions approved …. then on March 1st 2016 – I received a rfe… but they hav not mentioned in detail what needs to be submitted… how long moghht this take … I believe I m the most unluckiest person right now… I hav an emergency need to travel to India. .. wat are the options ?? How likely am I too clear rfe… in a general basis how long does see process take for clearance … approx when can I travel back ?? Can I re-enter safely ??
Please advice .. everyone's help ur needed and appreciated ….
My I94 expired on June 23rd. H1B extension has been applied and I have also received WAC number on May 22nd but no update on my case since then.
How long I can work here in US?
My H1B is expired and if my H1B Extension is filed with USCIS but I have not received the receipt number can i stay legally in USA?
Did you get any response on this? Is it leagally allowed to stay in USA, when H1B extension filed and receipt number not received.
you will be given temp DL for 6 months in COlorado
how does this process work in CO..who should i contact .My DL is expiring soon but approval on h1 will take 2-3 months.
In California anyhow, my license was always issued for 5 years, extending well beyond my visa expiration date. My last I-94 expired Sep 2014, but my DL doesn’t expire until Mar 2017.
Looks like after such a big delay of H1b Processing, a bunch of RFE’s have been replied back the Immigration department. Looks like just to increase the pace of H1b extension processing, most of the petitions are being filed as RFEs now.
In Texas you can approach DPS and apply for extension. DPS would send the application to head quarters to check legal stay and a letter will be sent to your address after verification. With that letter you can visit DPS again and apply for extension. You would get extension for one year. Beleive this applyes to other stats as well. Visit your local DPS. Some times you have to talk and convenience them. Not all officers are front desk are aware of this.
Jeghadesh, which DPS did you go to? and after how many days did you receive the letter
We tried every level possible to renew based on reciept number in GA. They are not convinced at all and even we went to head office in GA. Nothing worked out. It is a big issue.
In Pennsylvania you can get Driving License if you have petition case number from USCIS for H1B extension. I have couple of my friedns they got the DLN.
If they were issued DL, 1. What was their DL expiry date? 2. Do they need to renew DL after getting Visa Extension?
As soon as you receive your receipt notice/case #, you are eligible to “overstay” for 240 days from your visa expiry date. I got my DL extended in Arkansas state for 240 days based on receipt notice(I797).
Thanks Shankar, Anyway I got my Visa Extension and renewed my DL.
Shankar, which office in Arakansas you visited, I was recently told they cannot renew based on the receipt. They asked for approval. Let me know what you did to get the DL renewed with just the receipt notice.
I visited Bentonville DFA office..But before that you need to contact Little rock DMV.
Call this number and explain your situation – .501 682 7934 (little rock DMV number)
For me they asked me send a fax of below docs.
– I 797c
– I-94 (previous/expiring)
– Employment certificate
– Cell phone /Email ID
Within couple of days..they sent me email approval..You need to present that email printout along with other documents at Bentonville DMV office and they will issue new DL for 8 months…