H1B amendment - extension : Received NOID for expired H1B status

[Karra78]

Hi,

I filed my H1B amendment cum extension on July 5th 2019. My H1B status expired on June 27 2019. But, I have a valid I94 until July 7th 2019 ( i.e, 10 days grace period received in my previously approved petition  ).

 I received NOID saying below:

"The alien had failed to maintain his/her nonimmigrant status because his/her H1-B status  expired prior to the filing of this petition and record contains no evidence of a justifiable reason for the delay in filing the petition. The alien's H1-B status expired on June 27 2019 and the petition was filed on July 5, 2019."

Could you help me on my below questions:

1) Do I need to  file a new petition before my I94 expiry? or do I need to file before my H1B status expiry?

2) As per my understanding,  nonimmigrant status is what we get from I94 date and I should able to file a NEW petition before my I94 expiry ?

 

 

[gopalakrishnach]

Below are my personal opinions.

1. Might lead to same result.

2. Not only apply but I get you need to get it approved. I might be wrong.