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My 6 yr H-1B time is maxed out. I had applied for an H-1B extension in Aug for the time I had accumulate due to travel outside the county while on the H-1B. The extension was requested till Oct 6th. The visa extension was approved on Oct 4th (Friday), but I did not get notified by the lawyers till today (Oct 7th). So unfortunately I am currently out of status by 2 days.
My I-140 was approved a few months back and the lawyer was waiting for this current H-1B extension to come through before filing an extension application for 3 years based on the I-140 approval. He said that we will continue with the plan and apply for the 3 yr H-1B extension. By the time the application is submitted, I will have been out of legal status for about 9 days or so. The lawyer will be sending in an explanation requesting that they not reject the application based on me being 'out of status' for a few days.
My question is: What is the likelihood that they will reject the application based on me being out of status? Is there some discretion used - especially since I will be out of status for only 9 days?
Thank you.
My I-140 was approved a few months back and the lawyer was waiting for this current H-1B extension to come through before filing an extension application for 3 years based on the I-140 approval. He said that we will continue with the plan and apply for the 3 yr H-1B extension. By the time the application is submitted, I will have been out of legal status for about 9 days or so. The lawyer will be sending in an explanation requesting that they not reject the application based on me being 'out of status' for a few days.
My question is: What is the likelihood that they will reject the application based on me being out of status? Is there some discretion used - especially since I will be out of status for only 9 days?
Thank you.
