H1B1 extension process and concerns about customs mistakes

[Sudaca 0]

I am from Chile, I got into the US legally and worked under a H1B1 visa (Since May 2015), my employer filed an extension (while i'm still in the country) last September because by october of 2016 the visa expired. So based on the 240 days rule i was able to keep working.  My LCA is still valid until february 2018.

More that eight months later  USCIS hasn't  reviewed the application yet.  (they are still working on applications from July 2016) 

 

One of my big concerns is than during my first  reentries into the country Customs made a mistake and created two different  i-94, so at the moment of filling the application we used the wrong one. Also customs made another mistake and they gave me a longer period of time to stay in the US (march 2018)  that it supposed to be . I think what happend was that They gave me  a 3 year period of stay (H1B) instead of a 18 months period (H1B1). 

 

What should i do in order to be able to legally keep working while they are still processing my application? 

 

Can the wrong i94 number on the form be corrected at this point? 

 

I know that i don't suppose to receive any payments from my employer, but, what about  pending paid vacations periods that i haven't take yet?  is that any different?  

 

Can i try processing my extension all over again at the embassy in my home country?  

 

Can i get back to the US using my tourist visa?

 

Meanwhile i been in a solid relationship with an american citizen for over 4 years. is marriage a viable option even if my visa expired but i am still technically legally in the country?

 

Thanks. 

[Coco8 1,039]

Your employer is using lawyers for your H1B so you should talk to them as soon as possible. I think the i-94 is a minor issue but they might have to let UCSIS know. 

 

The extension of the H1B is not processed at the embassy. The H1B is processed by UCSIS. The only thing the consulate does is put the stamp on your visa. So basically, it will not change anything from your process. Nothing can get done by the consulate at this point.

 

Your company should have paid for premium processing. Was not that an option? I think premium processing will be back soon. Or they can try to expedite based on one of the conditions for expedite, probably the one that they will loose money.

 

On 6/16/2017 at 2:31 PM, Sudaca said:

 

Can i get back to the US using my tourist visa?

 

 

Are you asking about the tourist visa because you are back in Chile? If you've been in Chile since October, you might be allowed to the US because it has been a while. But that will have to be determined at the point of entry. Try to bring some documents showing you will go back (lease, property, account, job, etc.).

 

On 6/16/2017 at 2:31 PM, Sudaca said:

 

What should i do in order to be able to legally keep working while they are still processing my application? 

 

Meanwhile i been in a solid relationship with an american citizen for over 4 years. is marriage a viable option even if my visa expired but i am still technically legally in the country?

 

Get married. You can adjust status (AOS) in the US. It will take 3-4 months. You can apply for an EAD at the same time you apply for the green card. Basically in 3-4 months you will get a work permit and you can keep working. You won't be allowed to leave the country until all your paperwork is done. VisaJourney has guides on what you need to file after you get married.

 

 

Vacation time is still working because you are employed. It is called a paid vacation.