Karra78 Posted July 14, 2019 Report Share Posted July 14, 2019 Hi, I filed my H1B amendment cum extension on July 5th 2019. My H1B status expired on June 27 2019. But, I have a valid I94 until July 7th 2019 ( i.e, 10 days grace period received in my previously approved petition ). I received NOID saying below: "The alien had failed to maintain his/her nonimmigrant status because his/her H1-B status expired prior to the filing of this petition and record contains no evidence of a justifiable reason for the delay in filing the petition. The alien's H1-B status expired on June 27 2019 and the petition was filed on July 5, 2019." Could you help me on my below questions: 1) Do I need to file a new petition before my I94 expiry? or do I need to file before my H1B status expiry? 2) As per my understanding, nonimmigrant status is what we get from I94 date and I should able to file a NEW petition before my I94 expiry ? Quote Link to comment
gopalakrishnach Posted July 15, 2019 Report Share Posted July 15, 2019 Below are my personal opinions. 1. Might lead to same result. 2. Not only apply but I get you need to get it approved. I might be wrong. Quote Link to comment
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