Gap in H1-B extension dates


Recommended Posts

My earlier H1 visa lapsed on 31-Dec-2016,I-94 was expired on 10-Jan-2017 and H1 extension is granted only from 23-Jan-2017, which means, i don't have any extension/visa approval for the period from 31-Dec-2016 to 22-Jan-2017 on paper. 
Is this a reason to worry? Will I be considered as "out of status" for these 22 days? Will this be a problem when i go to India for stamping? Will this be a problem when green card processing happens in the future?

1) The extension was applied before 31-Dec-2016 on 11-Oct-2016.
2) But the extension papers (i.e) new I-94 and new I-797 has the dates only from 23-Jan-2017, which means i don't have my I-94 and I-797 for that period. Does this gap any reason of worry for me?

My employer reported back saying that since case was filed before expiry of I-94 there shouldnt be any problem. 
My attorney reported back saying that I still have valid status as the case was pending with USCIS.  You are not penalized for the USCIS adjudication process.  This is normal and frequently happens.

Please advise on this regards. Do I need to worry?

Link to comment


This topic is now archived and is closed to further replies.