H1B & H4 extension not valid due to approval of H1B amendment


Jai05

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Hi,

I have a unique case, I am primary alien working on H1-B. My company has applied H1-B amendment in normal processing and in the mean time applied H1B extension with premium and I got my I-797 A approved for 3 years.. While applying my extension we also applied H4 extension for my wife & 2nd daughter. Now, H1B amendment got approved with previous validity and attorney told that latest I-797A becomes active. Company is applying the H1B extension again, but not sure if they can do it before the I-94 expiry date
Here is the sequence of things happened:
1) Earlier, I had the H1B Visa valid till 11/22/2019 and H1-B amendment was applied in normal processing in May, 2019.
2) With I-140 approved, Filed H1B extension in premium processing on 09/05/2019 and also applied for my dependents H4 extension 
2) Primary Applicant H1B petition got approved on 09/18/2019 with end date validity till 09/02/2022 and I-94 validity till 09/12/2022
3) H4 extension is still in Processing STATUS with fingerprint completed.
4) Primary Applicant's H1B amendment with normal processing got approved with previous validity of 11/22/2019 and I-94 validity till 12/02/2019
5) Company is applying the H1B extension again. They are trying to repost LCA on 11/22/2019 which will take 7-10 working days.I am requesting them to use the existing LCA from my previous extension and file the H1B extension to file it before 12/02 to keep my lawful presence active  
6) If company attorney uses the existing LCA and gets the signature from my wife for I-539 by 11/26, they can file the H1B extension by 11/26 for USCIS to receive it by 11/27(assuming 11/28 will be US holiday for Thanksgiving) so that I get the receipt no. maximum by 12/02

Questions:  

1) Is Fedex confirmation no. fine or do we need to get the Receipt no. before I-94 expires for lawful status
2) Is it fine for people to stay after I-94 is expired, while petition is being filed and what are the consequences. Will it be overriden/nullified, if I come back from India with new visa stamping within 6 months
3) Dependent- I-94 was valid till 11/22; but H4 extension is in progress with fingerprint completed. Can they stay after 12/02, as they were not included in H1B amendment and their H4 extension is in progress Or if it will take my H1B amendment's I-94 of 12/02 for them as well.
4) If there is a delay in filing H1B extension, can I work from company office(approved through earlier H1B Extension) & not client office OR go for training(not billable work)
5)Can I work with my previous I-797A which was valid till 09/02/2022, although my petition/visa end date was 11/22/2019 with latest H1B amendment approval
6) Can we enable back Prev approved H1B extension by any way: 1) Reentry to US-which is opted out due to visa stamping; Any other options

Are there any such cases and how to proceed on next steps. If Attorney don't file H1B and H4 extension before 12/02/19, what are the options, while extension is filed. If the family goes to India, they have to get the stamping before they return back, which might take 5-6 weeks minimum

Appreciate if you can help with your suggestions/thoughts.

Thank you.

Edited by Jai05
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