H1B extension denied; i94 expired on 25 November, extension application reached USCIS on 26 November.

[Naveen A....]

H1B extension denied; i94 expired on 25 November, extension application reached USCIS on 26 November.

I joined on the receipt with the new fulltime employer. 

1. Would USCIS overlook one-day dealy? 
2. If not, what steps I should take?
3. My previous employer refiled H1B before the i94 expiry and send it to Nevada instead of California, have not received any receipt yet. The check was not cut, the application was not received back, and no communication from the USCIS yet. A service request has been raised. 

 

[xTDx]

- Probably no and they will not approve your i94 extension. H1b if approved will be under consular processing.

- Leave and get back to USA with a valid visa.

- You don't work for your previous employer now. That is now gone.

[Chai]

1. They don't usually. If they do; you are lucky. 

2. Nevada does not have a USCIS service center. Did you mean Nebraska? If yes, and if the previous employer has filed "an extension of stay without a change in employer/ employment duties" then you are eligible for Premium processing.