H1 extension 180 days rule

[ss19]

Hi,

My I797 is valid until mid Feb 2020. I94 will expire Sept 2019 along with Passport. I already renewed my Passport.

Upon discussion with lawyer, I first tried to go to Deferred Inspection site to get I94 renewed. But it did not work out (under the pretext that there was no error to correct on I94).

As my authorized period of stay will end on Sept 2019 (even though H1B stamped in passport is until Feb 2020), my options are

1. to travel out and re-enter with new passport
2. to extend my H1B which I was anyways going to

My lawyer recommended to start extension process soon, so I will be doing that to make sure the extension receipt is received before I 94 expires.

My question is  - if the extension application goes to USCIS before mid-Aug --> It will be like I am more than 180 days before expiry right? Isn't this a potential risk of rejection? Or is the 180 days counted before I 94 expiry? Just to play safe, shall I ask my lawyer to apply after 15th Aug, so I will fall within the 180 days prior to Visa expiry?

Thanks for reading my post!

[pontevecchio]

Visit Mexico by Air for a brief vacation and on coming back INSIST on an I94 and state that you are NOT using AVR. This will give you an I94 till current petition expiry. Run this by your lawyer. Also ask your lawyer the specific question you asked here.

[ss19]

Thank you, yes flying to Canada is an option for me, since I have Canadian Visitor Visa.

However, lawyer recommended instead of flying in and flying out of Canada the same day, extension can be done. I anyways have to do the extension.

I have asked the specific Question above to them too.