VISA status


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I m working with company A full time from past 3 years, H1B expiration date is Dec 4th 2011.

My company sent the H1b renewal documents to US CIS on Dec 2nd 2011(received date) it got returned for the reason the H1-B cap is over on Dec 8th.

So company sent with a cover letter that this application is not under cap, its for regular H1B extenstion on the same day i.e Dec 8th (USCIS received date Dec 9th 2011). USCIS sent the application receipt (I797C dated 14th December 2011).

Application filed under normal processing.

My queries:

Am I out of status from December 5th to December 14th ?

Does it cause any issue for the H1B extenstion ?

Experts please advise.

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It is highly likely that petition will be approved without change of status. Your stay after I-94 is illegal unless USCIS receipt date is before your I-94.

Thanks livliv for the reply. Employer filed on time but unfortunately it got returned saying H1-Bcap is over, again employer sent the same documents (which has USCIS put stamps on the forms first time) on December 8th with a covering letter stating that this is not come under-cap, this time they sent the receipt number.

1. If it approves can the status will be okay for those period i.e Dec 5th to December 14th ?

2. if not, what I /employer need to do for those days to come under status?

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