H1B Petetion - Question with respect to i94 validity

[sacMaster123]

Hello Friends,

I have question with respect to my H1B petetion.

I entered US in May 2019 and I got my i94 at port of entry till March 2020 which was also my End Date of Petition at that time. 

My employer applied for Extension and I got my H1B approved in April 2020 with i797A and it has i94 end date as January 2021.

Now my question is, if My employer applies for another H1B extension and it gets denied, then:

1) Is my stay in US still legal after my petition is denied? Can I stay in US legally and find new job since my i94 in i797A is approved till January 2021?

Or

2) Lets say my employer files for H1B extension in Sep/Oct 2020 time frame and it gets denied before January 2021 (lets says Nov 2020)  - Do I need to leave the country asap because the i94 that I got on port of entry was valid only until March 2020.

 

Thank in Advance for your time to read and respond to my post.

 

Mr,X

[Zodiac System]

Your employer can apply for extension six months prior to the expiry date.  Since your expiry date is January 2021, he can actually apply for it now.  So even if it gets denied you will have enough time (until January 2021) for Plan B.

Edited August 4, 2020 by Zodiac System

[sacMaster123]

17 hours ago, Zodiac System said:

Your employer can apply for extension six months prior to the expiry date.  Since your expiry date is January 2021, he can actually apply for it now.  So even if it gets denied you will have enough time (until January 2021) for Plan B.

Thank You Zodiac System.

Yes I am working with my employer to get extension filed soon. I just wanted to make sure that in case of denial, the i94 which I got along with my i797A gives me the flexibility to legally stay until Jan 2021 and work on finding another Job. 

Since my i94 which I got during port of entry expired, I was worried if I need to leave the country immediately in case I get denial on my extension.

Edited August 5, 2020 by sacMaster123

[Zodiac System]

4 hours ago, sacMaster123 said:

Thank You Zodiac System.

Yes I am working with my employer to get extension filed soon. I just wanted to make sure that in case of denial, the i94 which I got along with my i797A gives me the flexibility to legally stay until Jan 2021 and work on finding another Job. 

Since my i94 which I got during port of entry expired, I was worried if I need to leave the country immediately in case I get denial on my extension.

To the best of my knowledge, your I94, which you have got along with your I-797 gives you the flexibility to legally stay until January 2021.  (Pl. do not leave the country while your extension is still  under process, as it changes your I-94 number and sometimes even the I-94 expiry date on re-entry into the country).

Edited August 5, 2020 by Zodiac System

[sacMaster123]

9 hours ago, Zodiac System said:

To the best of my knowledge, your I94, which you have got along with your I-797 gives you the flexibility to legally stay until January 2021.  (Pl. do not leave the country while your extension is still  under process, as it changes your I-94 number and sometimes even the I-94 expiry date on re-entry into the country).

Thank You Zodiac System.

Yes, I will make sure that I dont leave the country while extension is in progress. Thank you for your valuable inputs.