I-94 expired yesterday(H1B expires on 12/01) and H1B petition reached calif service center today

[radials_7]

I am not working from today as i am not supposed to be on payroll from today. Please let me know what are the implications on staying this week with out payroll and the company who filed my H1B are saying that i can be on their payroll from next monday(11/25) since we get the receipt number this week.

[jairichi]

I am not working from today as i am not supposed to be on payroll from today. Please let me know what are the implications on staying this week with out payroll and the company who filed my H1B are saying that i can be on their payroll from next monday(11/25) since we get the receipt number this week.

You are out of status till the day you get a receipt notice. If your I94 has expired you are accumulating illegal presence till a receipt notice is generated. But, it should be ok as your extension application has reached USCIS.

[radials_7]

Hi Jairichi,

 

Thank you so much for the reply. By any chance can they reject my H1B petition based on this expired I-94?

[jairichi]

Hi Jairichi,

 

Thank you so much for the reply. By any chance can they reject my H1B petition based on this expired I-94?

3 to 4 days will not make a huge difference. Worst case you would get an I797 without I94. In that case you need to exit and enter with valid H1B visa and extension approval notice.

[itsmeusa]

You are not accumulating unlawful presence. What matters is not the H-1b receipt but when your H-1b petition reached center. Please keep any evidence that it reached the center today. Also, try to upgrade H-1b to premium. You are safe. Don't worry. If all is well, your H-1b will be approved.

[radials_7]

Thank you Jairichi and itsmeusa. I have saved the fedex delivery confirmation receipt. They have applied my H1B petition in premium processing, hopefully everything should be fine.