Should I leave the country? (H1B Extension submitted after I-94 expiry)


gughan

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Hi,

 

Here is my situation:

 

- My current H1B visa (on I-94) expired on Feb 10th

- I sent an H1B extension application and it was received by USCIS on Feb 9th

- They sent it back because of signature missing (along with the FedEx package stamping showing the date they received the package - Feb 9th)

- I sent it back to them with the signature. But now my H1B has expired.

- I have stopped working from Feb 16th.

 

My understanding is that the USCIS may or may not choose to process the application. If they do, I can start working when I receive the I-797 receipt notice. If they don't I have to leave the country immediately. Is that correct? Can I legally work until I get an answer from them?

 

Thanks!

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