Submitted h1b extension to USCIS while in India and staying in USA after I-94 expiry


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#Please Immediate response required.
Hi, I seemed to be in a challenging trouble. please help me way out. 
Note : All this scenarios are as per this year 2019.

I had submitted docs for h1b extension on April 15 and informed my attorney that I would be traveling to India on May 4 for my marriage and return back to USA by 2 weeks. 
Before leaving from here (USA) I checked with my Attorney if my extension was submitted, if not I also mentioned I could change my travel plan to postpone by 3-4 days. But my attorney confirmed that it was just submitted on May 3. I just believed that blindly (as it was my first h1b extension, which I didn’t know much about things to handle such complicated circumstances perfectly) and left USA on May 4 (Saturday). 
I got married and travelled back to USA within two weeks and entered USA on May 20. 
“My I-94 expired on Jun-30.”

Later after receiving the receipt number for extension applied, I just checked it in USCIS site that my extension was actually submitted to/ accepted by USCIS on May 6 (Monday). On this day I was in India for marriage vacation. But as I said earlier I didn’t knew completely about the h1b extension things to handle this scenario in better way, I thought it’s usual and just carried away with my work and stay even after I-94 expiry.

I got RFE on September 3 with last submission date to respond as Dec-2. My employer usually doesn’t let know RFE reason and usually many people get RFE in our company. So I thought it’s usual to get RFE. But recently itself after enquiry to my attorney regarding RFE reason they disclosed me that it’s due to “Maintenance of status “ and even the documents asked in RFE is all related around I-94 validity, Full Travel history and all passport pages. 
So I got alerted and shared my situation (all above discussed) to the attorney.
Now they are planning for consular processing also they’re going ahead to respond to RFE (documents submission) by this week (Nov 3rd week).

My main concerns are: 
1. Was my extension submitted to USCIS while I was in India was totally invalid ?
2. Is my working and stay after I-94 expiry (June 30) is illegal ?
3. I have read the below article on USCIS site  about unlawful presence and bars admissibility.

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

According to the document it states person shouldn’t stay atleast after 180 days to survive from a 3 year ban. According to my I-94 expiry (June 30), my 180 days period commences on Dec-27. So if I don’t hear back from rfe response or consular processing response will it be good option to leave USA immediately or before Dec-27 to avoid 3 year ban ?

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On 11/18/2019 at 11:19 AM, vinayak hegde said:

#Please Immediate response required.
Hi, I seemed to be in a challenging trouble. please help me way out. 
Note : All this scenarios are as per this year 2019.

I had submitted docs for h1b extension on April 15 and informed my attorney that I would be traveling to India on May 4 for my marriage and return back to USA by 2 weeks. 
Before leaving from here (USA) I checked with my Attorney if my extension was submitted, if not I also mentioned I could change my travel plan to postpone by 3-4 days. But my attorney confirmed that it was just submitted on May 3. I just believed that blindly (as it was my first h1b extension, which I didn’t know much about things to handle such complicated circumstances perfectly) and left USA on May 4 (Saturday). 
I got married and travelled back to USA within two weeks and entered USA on May 20. 
“My I-94 expired on Jun-30.”

Later after receiving the receipt number for extension applied, I just checked it in USCIS site that my extension was actually submitted to/ accepted by USCIS on May 6 (Monday). On this day I was in India for marriage vacation. But as I said earlier I didn’t knew completely about the h1b extension things to handle this scenario in better way, I thought it’s usual and just carried away with my work and stay even after I-94 expiry.

I got RFE on September 3 with last submission date to respond as Dec-2. My employer usually doesn’t let know RFE reason and usually many people get RFE in our company. So I thought it’s usual to get RFE. But recently itself after enquiry to my attorney regarding RFE reason they disclosed me that it’s due to “Maintenance of status “ and even the documents asked in RFE is all related around I-94 validity, Full Travel history and all passport pages. 
So I got alerted and shared my situation (all above discussed) to the attorney.
Now they are planning for consular processing also they’re going ahead to respond to RFE (documents submission) by this week (Nov 3rd week).

My main concerns are: 
1. Was my extension submitted to USCIS while I was in India was totally invalid ?
2. Is my working and stay after I-94 expiry (June 30) is illegal ?
3. I have read the below article on USCIS site  about unlawful presence and bars admissibility.

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

According to the document it states person shouldn’t stay atleast after 180 days to survive from a 3 year ban. According to my I-94 expiry (June 30), my 180 days period commences on Dec-27. So if I don’t hear back from rfe response or consular processing response will it be good option to leave USA immediately or before Dec-27 to avoid 3 year ban ?

I see you are missing some details here. If your I-94 expired on June 30 and you submitted docs to USCIS on May 6th, why would you consider yourself as out of status.

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