H1 extension package recieved after expiry

Recommended Posts



I was working for a multinational financial client from 4 years and due to the policy of the client they didn't provided the client letter. My H1 extension got denied on May 21st May.


As my H1 expiring on 31st may, My employer re-applied the H1 extension with the same company A  which I’m working right now. The h1 package received the USCIS on 31st. I got the receipt with package received date of 31st may. So legally right now I’m not out of status.


2. Also at the same time my employer has filed the transfer application to another company B. My original H1 expired on 31st May, which was a Saturday. My lawyer sent out the H1 transfer application on 30th May through overnight shipping. Though it is sent out through overnight, It reached the USCIS the earliest on this Monday, 2nd June. The package did reach on Monday, which is 2 days after my H-1 expired. According to my lawyer, because of my H1 expired on a weekend, I will still be considered filing the extension while I was in Status. My question is, Is that true? 

Has anybody gone through the same situation and faced any problems or has got approval?

Will I be considered out of status by USCIS from 1st June to 2nd June or will the petition be accepted?

Would highly appreciate help from the Legal Expert and also information from the people sailing in the same boat or gone through the same scenario at the earliest possible. I have still waiting for receipt from USCIS, I guess it might take time and my mind just can't wait that long.

Link to comment


This topic is now archived and is closed to further replies.