Manoj Kumar CTS Posted March 25, 2019 Report Share Posted March 25, 2019 My H1B extension was approved on March-20-2019. The extension approved with backdated validity period. And here are the validity dates - I-797 Petition Approval Till Date: 12/31/2018 I-94 Valid Until Date: 01/10/2019 As you see the I-94 date is passed due, please advise on possible course of action. 1. Will my work authorization be valid after March-20-2019. 1. Can a new extension be filled in this case to obtain COS in premium [I have approved I-140] 2. Can I will continue my stay in US till new extension is in progress and resume work once new extension is approved Link to comment
xTDx Posted March 25, 2019 Report Share Posted March 25, 2019 1- NO and you seem to be out of status and accruing unlawful presence. 2- Yes but it will have to be as a counselor notification as you have to leave US and come back with a valid visa. 3- NO. There is no extension of status if you have no valid i94. You would have to leave asap and get your employer to work on a new petition. Did you employer not sent the client letters or SOWs etc that were valid in future ? Or did it take too much time to get a decision on h1b petition by USCIS ? We are seeing this because of insufficient documentation provided to USCIS. For example : A client letter valid for a few months was sent to USCIS and USCIS only approved the petition until the client letter expiration date. Link to comment
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