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kumar76g

I-94 Expiry, H1 Extension Pending

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Hi All,  
My H1B visa got expired on 7/28/18 and I-94 was expired on 8/7/2018. My company tried to get LCA approval one week before day of expiry. Hence, LCA approval on Last of day I94 Expiry.  i.e. 8/7/2018. I have valid H1B approval notice until Nov 26 2018.

LCA approved same day(8/7/2018) on my I-94 expiry same day. My company filed for extension on 8/7/2018 but the received date is 8/8/2018 . That is, 1 day after I-94 expiry. I got the receipt number on 8/8/2018. My company told me, since I have labor approved and have receipt number, it is legal to work.  


Questions -  
1) Is it legal to work after I-94 expiry with labor approval and receipt number? 
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date. 
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?

4) Can i change the employer if there is any RFE.

5) is it better find a new job and change the employer as soon as possible.

6)Is my stay considered as unlawful presence , even though i have  H1B approval notice until Nov 26 2018 .

7) what is the best solution for me to do in this situation.

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On 8/9/2018 at 11:12 AM, kumar76g said:

Hi All,  
My H1B visa got expired on 7/28/18 and I-94 was expired on 8/7/2018. My company tried to get LCA approval one week before day of expiry. Hence, LCA approval on Last of day I94 Expiry.  i.e. 8/7/2018. I have valid H1B approval notice until Nov 26 2018.

LCA approved same day(8/7/2018) on my I-94 expiry same day. My company filed for extension on 8/7/2018 but the received date is 8/8/2018 . That is, 1 day after I-94 expiry. I got the receipt number on 8/8/2018. My company told me, since I have labor approved and have receipt number, it is legal to work.  


Questions -  
1) Is it legal to work after I-94 expiry with labor approval and receipt number? 
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date. 
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?

4) Can i change the employer if there is any RFE.

5) is it better find a new job and change the employer as soon as possible.

6)Is my stay considered as unlawful presence , even though i have  H1B approval notice until Nov 26 2018 .

7) what is the best solution for me to do in this situation.

Could anyone on this forum share your opinion on this scenarios please

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