VISA expiring tomorrow

[Shruti1983]

My 1st H1 VISA is expiring tomorrow, and my H1 extension application is sent to USCIS last week, but we haven't got a receipt number yet(Haven't heard from USCIS yet). Will I be out of status from day after tomorrow?

Regards,

[kiran234]

whose status has expired but who has filed a timely application for an extension of such stay are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision

Note: Legal stay and work autorization are two seperate things. 240 day is only conditional work authorization. Your stay(from i-94 expiration to h1b extension approval) will be legal once your request for H1 B is approved.

Determine if the Form I-129 was timely filed .

Although timely filing is ordinarily required, the adjudicator has discretion to grant an extension based on an untimely application. In deciding such a case, determine the reasons for late filing and whether the reasons were beyond the alien’s control, the degree of lateness, whether there is any indication that the applicant may have violated status in some other way, whether the applicant is otherwise a bona fide nonimmigrant and whether the applicant has been apprehended and placed in proceedings by the Service.