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P9109V

Failed to apply H1B extension before petition expires

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Hi,

My petition is expiring by end of July 2020, but my employer hasn't yet filed an extension due to COVID situation. If by any chance they miss out applying extension before petition expires, then what options do I have to stay back in the USA? Can they file extension after due date is passed? What consequences it will have?

My I-94 is valid till 1st week of August.

Any help on this topic is highly appreciated.

Thanks.

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You will have to leave the country if you can't file an H1 extension or any other petition before I94 expiry date to legally continue staying in US like B2 or H4.

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Are you getting paid by your employer?

This "the employer didn't file" doesn't make any sense, unless he didn't pay you.

 

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If an extension is not applied for, you will have to leave the country by the date of current h1b expiry. The only other option is to apply for a COS to b2/f1/h4 before the h1b expiry, but that will take 5-6 months at least to get a decision and you won’t able able to work during that time ( and after if its a b2 or f1 visa).

you could go back to the home country now and apply for a h1b extension at a later date when the company is willing and come back.

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The next day of your I-94 expiry, you are out of status. If you want to be on status, leave country asap, ask your employer to file renewal, when it is approved, go to stamping and come back to u.s. This is the only thing can happen in current condition.

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All, Thanks for your valuable response.

I was just trying to figure out if there is a possibility of applying H1B extension in between petition expiry date and I-94 expiry.

From most of the replies it looks like, I will be out of status after I-94 expiry and not after petition expiry date. And if company fails to apply extension before I-94 expiry (and not petition expiry) then I will have to leave the country. Is my understanding correct?

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If by any chance they miss out applying extension before petition expires, then what options do I have to stay back in the USA? Can they file extension after due date is passed? What consequences it will have?  Really you asking this.

Next day of I94 expiry you will be out of status and you need to leave USA ASAP.

Can they file extension after due date is passed? yes.. but what status will you be in last date of I94 and you get receipt number. Ask yourself

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3 hours ago, P9109V said:

All, Thanks for your valuable response.

I was just trying to figure out if there is a possibility of applying H1B extension in between petition expiry date and I-94 expiry.

From most of the replies it looks like, I will be out of status after I-94 expiry and not after petition expiry date. And if company fails to apply extension before I-94 expiry (and not petition expiry) then I will have to leave the country. Is my understanding correct?

That is right. 

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