h1b late application (I797 and I94 same date)

[arunramasamy1]

Hi, 

My H1B I797 expired on June 15. (Saturday)

My I-94 also had the same date, June 15 (saturday).

My employer sent the H1B extension on June 14 (friday) and received by USCIS only on June 17 (Monday).

What is my status now? Am i out of status? What are the consequences? how to rectify it. 

Thank you for your help

[srinivas_258]

out of status for 3+ days ...

your h1b will not be approved if i am true.... illegal presence of stay 

 

check with good attorney 

[xTDx]

From the facts presented you seemed to be out of status. Consult with your employer and their immigration attorneys and plan to leave asap. Search for 3 year and 10 year bars due to illegal stay in USA.

That is why it is of paramount importance that the extension petitions are filed in a timely manner. Always consult immigration attorneys before you make a decision based on a forum or an internet blog.

[Veerucs]

On 7/27/2019 at 2:12 PM, arunramasamy1 said:

Hi, 

My H1B I797 expired on June 15. (Saturday)

My I-94 also had the same date, June 15 (saturday).

My employer sent the H1B extension on June 14 (friday) and received by USCIS only on June 17 (Monday).

What is my status now? Am i out of status? What are the consequences? how to rectify it. 

Thank you for your help

Any updates on your case ??

[arunramasamy1]

Hi, 

I checked with my employer, and this is a problem only, with a remote solution. 

Since June 15 is a saturday, USCIS can sometimes consider it and give us an exception. For this, we need to have "nunc pro tunc" attached to our case, which may help on this. 

We are filing with this option. We are taking bit time, as my employer seeing multiple rejections recently. 

I have very less hope.