H1B Extension - Has 1 day validity after the notice is received


Venu 1268

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Hi,

My H1B VISA was valid till Jul 08th 2018 and my employer has filed an extension(I-129) on June 06th 2018. I have received extension approval notice Yesterday (Jan 04th) and the VISA is valid till 01/07(Jan 07th, Monday). VISA is approved only for 180 days. I-94 is valid till 01/17 which is 10 days after VISA expiry on 01/07.

So, we have requested our employer to file extension with in 01/17 but they said it is highly unlikely as LCA has to be procured.

  • If extension is applied after 01/17, 
    1. Is there any grace period to stay in US without any status after I-94 expiry?
    2.  Will this be considered as a new H1 (without lottery) or extension?
  • Can I convert to H4 and wait for H1 extension approval? Is this considered safer option? or Should I go back to India and wait for the approval?

Thanks,

Venu

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On 1/5/2019 at 3:26 PM, Venu 1268 said:

Hi,

My H1B VISA was valid till Jul 08th 2018 and my employer has filed an extension(I-129) on June 06th 2018. I have received extension approval notice Yesterday (Jan 04th) and the VISA is valid till 01/07(Jan 07th, Monday). VISA is approved only for 180 days. I-94 is valid till 01/17 which is 10 days after VISA expiry on 01/07.

So, we have requested our employer to file extension with in 01/17 but they said it is highly unlikely as LCA has to be procured.

  • If extension is applied after 01/17, 
    1. Is there any grace period to stay in US without any status after I-94 expiry?
    2.  Will this be considered as a new H1 (without lottery) or extension?
  • Can I convert to H4 and wait for H1 extension approval? Is this considered safer option? or Should I go back to India and wait for the approval?

Thanks,

Venu

Do you work in EVC(Employer- Vendor- Client) model ? if yes, What was the duration of the contact with your client ? It's likely, 180 days is determined based on duration of your contract. 

 

 

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