Urgent: H1 Extension Application Delay - Going Out of Status

[panacheM]

My H1B is expiring on 21 Sep, 2015 (end of first 3 years), 7 days from now and I realized this yesterday. My attorney is applying for LCA today. Assuming, it will be approved on 21 Sep (day of H1 expiry) and he will apply for extension on 22 Sep, what options do I have for that 1 day in between or more, when I will be out of status.

 

Can someone kindly suggest what are the options for me, apart from change of status, if any. ( B2/My spouse is on H1B, so, assuming these are options)

 

[jairichi]

A few days you are fine.

[panacheM]

My I-94 is expiring next week too. Looks like change of status is the only the option (to H4).

 

1. If H4 is applied before expiry date i.e. Sep 21 and H1 later on Sep 22 (1 day after expiry), will I be able to work based on pending H1B extension petition?

2. To be in legal status with no I-94 issues, will it be ok if H4 document packet reaches USCIS office on Sep 21 (day of expiry) or do I need to get receipt number from USCIS? (which may take a week anyway)

[jairichi]

My I-94 is expiring next week too. Looks like change of status is the only the option (to H4).

 

1. If H4 is applied before expiry date i.e. Sep 21 and H1 later on Sep 22 (1 day after expiry), will I be able to work based on pending H1B extension petition?

2. To be in legal status with no I-94 issues, will it be ok if H4 document packet reaches USCIS office on Sep 21 (day of expiry) or do I need to get receipt number from USCIS? (which may take a week anyway)

1. Do not file a H4. A few days of gap is fine. You can work once extension is applied.

2. You need to get a receipt notice generated.

[panacheM]

A few days you are fine.

Thanks for your reply. My concern is expiring I-94. It would be a disaster if my H1 is approved without I-94, because of 1 or 2 days delay, after expiry.

[jairichi]

Thanks for your reply. My concern is expiring I-94. It would be a disaster if my H1 is approved without I-94, because of 1 or 2 days delay, after expiry.

If you are that paranoid apply for a COS to B2. Once H1B extension is approved withdraw COS to B2 petition.