Karra78 Posted July 14, 2019 Report Share Posted July 14, 2019 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 ? Link to comment
gopalakrishnach Posted July 15, 2019 Report Share Posted July 15, 2019 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. Link to comment
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