Different i94 & i797 Expiry dates, H1b Extension in Process


bono323

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Hello

My i797 expired on 31st March 2018 but my i94 expired on 1st July 2018.

Currently my H1b Extension is in process and I am nearing 240 days based on i797 expiry date. 

Should my 240 days be counted from i797 or i94, if it was i94 then i could have few more months to wait for the results instead of flying back.

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btw. you continue to remain in status for beyond 240 days until the petition decision is made and you do not accrue any unlawful status. it is just that you cannot work after the 240 days is over.  however if the petition ends up denied then the unlawful status is triggered from the date the I-94 expired. in this case July. Hope this helps

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