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ibrahim237

H1-B Extension : I-797 and I-94 expiring

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Hello,

I am currently on H1-B visa. I-797 expiry date is 12/04/2018 and I-94 expiry date is 12/14/2018. 

My employer has now filed for extension in premium processing and documents will be mailed today 11/30/2018 to USCIS office. 

1. Under Premium Processing, in how many days will the applicant receive the receipt number ? 

2. Will I be out of status if I do not receive receipt number before I-797 expiration date 12/04/2018 ? 

3. Can I work between these 10 days i.e; 12/04/2018 and 12/14/2018 ? 

Thank you. 

 

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1. I don't think there is premium processing (I might be wrong also)

2. Once your extension petition reached to uscis before your current i-94 expiry, you are good to go.

3. You can continue working until expiry of i-94.

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1. Under Premium Processing, in how many days will the applicant receive the receipt number ? 

I think within 2 to 5 business days you will get receipt. Premium processing is available for H1 extension only

 2. Will I be out of status if I do not receive receipt number before I-797 expiration date 12/04/2018 ? 

NO if your employer will send petition 11/30 then USCIS will receive your petition on 12/03 based on  Fedex delivery acknowledgment you should be good to continue

3. Can I work between these 10 days i.e; 12/04/2018 and 12/14/2018 ? 

Yes. your petition would be file so you are good to work

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Thank you both. This really helps. By the way, attorney still did not mail out the documents. They said Monday 12/03, documents will be shipped overnight and 12/04 the documents will arrive in Nebraska USCIS center. By the I am eligible for PP because my End Client, Location and Company is same. No change in either of these. 

Below are the docs that I have sent to attorney. Let me know if I am missing anything. 

CV, Client Letter (12 months and extendabale), vendor letter (3 years), Employer-Vendor work Order, Client-Vendor work order(MSA-12 months), latest paystubs, employee appraisal form, latest employee offer letter,  All I-797, SSN and I-94 copies  

Thank you  

 

Edited by ibrahim237

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