H1B extension approved with backdated validity period


Manoj Kumar  CTS

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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 

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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.

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