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25 days gape between my expired H1B and extended H1B start date

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  • 25 days gape between my expired H1B and extended H1B start date

    USCIS Approved the H1B extension with start date of my extended H1B is Feb 25 2014.
    But my previous H1B expired on Jan 30, 2014 and I-94 expired on Feb 10, 2014
    Means, I have a gape of 25 days between 30-Jan-2014 to 25-Feb-2014.

    I have Two questions:
    1)Is there any problem in future, if I change my employer, because there is a 25 days gape between my expired H1B and extended H1B though i was present in US during these days. If i change my employer, then I have to get my H1B transfer based on my extended H1B.

    2)25 days gape in above scenario considered as out of status?

    Kindly post your suggestions. Thank you.

  • #2
    25 days gape between my expired H1B and extended H1B start date

    It will be considered as unlawful presence as you do not have any valid I 94 during those period. Here are the options,

    1. Speak to an immigration attorney and try to correct the date by providing relevant documents to prove that if the mistake was not yours.

    2. You can go out of country and get it stamped, then the clock will be reset.

    3. It would impact your future correspondence with USCIS as they would like to know what had happened during that gap. So it's better to act quickly and do not just ignore anything when it comes to immigration.

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      It will be considered as unlawful presence as you do not have any valid I 94 during those period. Here are the options,

      1. Speak to an immigration attorney and try to correct the date by providing relevant documents to prove that if the mistake was not yours.

      2. You can go out of country and get it stamped, then the clock will be reset.

      3. It would impact your future correspondence with USCIS as they would like to know what had happened during that gap. So it's better to act quickly and do not just ignore anything when it comes to immigration.

      This is my opinion.


      Thanks for the reply.

      Clarification:

      Instead of going out and coming back for new I-94, is that Ok, If I transfer my H1B to new employer?

      Comment


      • #4
        25 days gape between my expired H1B and extended H1B start date

        You may get RFE for the gap period.

        This is my opinion.

        Comment


        • #5
          Originally posted by kadkhiq81 View Post
          You may get RFE for the gap period.

          This is my opinion.

          Thanks for the reply.

          I am asking this again considering the time USCIS will take to respond to any amendment, etc.

          I have applied for extension on 24th Sep 2013 and got RFE on 07th Jan 2014. While responding to RFE on 25th Feb 2014, my employer changed the mode to premium processing. Immeidate next day H1B extension approved with start date of 25th Feb 2014.

          So there is an application receipt date as 24th Sep 2013 on my new I-797. Will that help in any way to prove lawful presence.

          Comment

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