H1-B Max-out Date vs I-94 Expiry Date ? Which date takes precedence?

[permquery2020]

I am in a very tricky situation. My H1-B Max-out date after re-capturing the vacations is March 13th,2020.   But my I-797 and I-94 are having the expiry date as August 20th, 2020.  My PERM is still under processing with DOL and there is no chance of completing my I-140 before my max-out date.

In this situation, Can I stay after March 13th as I have valid I-94 / I-797 ???  Will it be counted as unauthorized stay ?? Will I have any problems in the GC processing in future ?

[gopalakrishnach]

I guess H1-B Max-out date after re-capturing the vacations is March 13th,2020 is last date I may be wrong.

[User099]

Did you talk with the attorney why they filed till Aug 20th 2020 and not March 13th 2020 if that is the maxout date? They might have seen something else in your case which pushed the date to Aug 20th.

 

[permquery2020]

Attorney informed that USCIS gave more period by mistake.

[User099]

1 hour ago, permquery2020 said:

Attorney informed that USCIS gave more period by mistake.

You should be good to stay till Aug 20th. BUT I don't know if that will come back and bite you even thought its not your mistake. Its better to check with a couple of attorney's to make sure what they recommend before you make a decision. 

[gopalakrishnach]

1 hour ago, User099 said:

You should be good to stay till Aug 20th. BUT I don't know if that will come back and bite you even thought its not your mistake. Its better to check with a couple of attorney's to make sure what they recommend before you make a decision. 

True... do not blindly depend on USCIS mistake. It might bite you in future.

[JoeF]

7 hours ago, permquery2020 said:

Attorney informed that USCIS gave more period by mistake.

Do NOT stay past the max-out date. Eventually USCIS will find out that they made and error and they will retroactively change the end date. If you would stay longer that would result in you being illegal.