H1B extension after expired I-94

[Mansi]

Hello,

Hope you are doing well. My 6 years of H1B are expiring on Sept.30 2012 including I-94. I am going to file for regular H1B 3 year extension based on approved 140. The question is in case I get a Notice of Denial after Sept.30, lets say in mid October then am I out of status in an instant? I would think yes.

And if it gets approved in mid October I would still be in the US on an expired I-94 (starting Sept.30) , so I can do that, right? (As long as a new I-94 comes with 797) or should I leave the country on Sept.30th and come back when the extension is approved. I know one can work on a pending H1B approval but not sure how it ties up with I-94.

Thank you,

Mansi

[redgreenbluee]

please consult a lawyer.

first of all, you need to apply H1 extension before your current H1 status expires (9/30).

while you H1 extension is pending (even after 9/30), you are eligible to stay and work for your employer, but if you get a denial on your H1 extension, you are immediately out of status retroactive from 9/30. it should not be an issue if you get an approval with a new I-94, the new I-94 replaces your current 9/30 expiration I-94.

why not process your H1 extension with PP? that way, you will get a decision within 15 business days.

Hello,

Hope you are doing well. My 6 years of H1B are expiring on Sept.30 2012 including I-94. I am going to file for regular H1B 3 year extension based on approved 140. The question is in case I get a Notice of Denial after Sept.30, lets say in mid October then am I out of status in an instant? I would think yes.

And if it gets approved in mid October I would still be in the US on an expired I-94 (starting Sept.30) , so I can do that, right? (As long as a new I-94 comes with 797) or should I leave the country on Sept.30th and come back when the extension is approved. I know one can work on a pending H1B approval but not sure how it ties up with I-94.

Thank you,

Mansi

[Mansi]

Thank you redgreenbluee. I am pretty sure I will get approved even if its after Sept. 30th. So as long as my stay is valid while the application is pending (even if the I-94 is expired) then I am good.