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I-797 Expired but I-94 is valid, H1B extension filed after I-797 expired... Legal ?

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  • I-797 Expired but I-94 is valid, H1B extension filed after I-797 expired... Legal ?

    Hello,

    I am currently in USA working for a client. My I-797 expired on 17th June and my I-94 expires on 27th June. My company has filed my H1B extension on 22nd June which falls outside I-797 expiry but within I-94 expiry. Is this legal filing ?

    Since there is no Premium processing, Filing is done in regular way. It means I would receive Receipt of Notice from USCIS post my Expiry.

    My Concern are below

    1) Is it still falls in legal terms to file H1B extension petition after I-797 expiry, but before I-94 expiry
    2) Can I continue to legally stay in USA post my I-94 expiry as extension petition is already filed.
    3) Can I resume working for client since petition is filed, or should I wait until receipt is received.

    Please help me with the above queries.

    Thanks
    Reddy.

  • #2
    Originally posted by Reddy77 View Post
    Hello,

    I am currently in USA working for a client. My I-797 expired on 17th June and my I-94 expires on 27th June. My company has filed my H1B extension on 22nd June which falls outside I-797 expiry but within I-94 expiry. Is this legal filing ?

    Since there is no Premium processing, Filing is done in regular way. It means I would receive Receipt of Notice from USCIS post my Expiry.

    My Concern are below

    1) Is it still falls in legal terms to file H1B extension petition after I-797 expiry, but before I-94 expiry
    2) Can I continue to legally stay in USA post my I-94 expiry as extension petition is already filed.
    3) Can I resume working for client since petition is filed, or should I wait until receipt is received.

    Please help me with the above queries.

    Thanks
    Reddy.
    If you used your I-797 for your last entry into the US, your I-94 expiration date shall match with your I-797, it is strange to see the 10 days' difference.

    1)We know there is no grace period for H1B, but normally there is a 10 days' window for you to change your status or file an extension, your extension is "filed" on the 22nd, depends on what do you mean by file, if USCIS received your case on the 22nd, you should be fine, otherwise it depends on when they receive your case.

    2)since you filed your extension before I94 expiry, you are fine. Your approval shall come with a new I-94, however if your extension is denied, you may be in trouble.

    3)You shall stop working the last day of your current I-797 and restart when the receipt is received.

    This is my opinion not legal advice

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    • #3
      Originally posted by hope1207 View Post

      This is my opinion not legal advice
      Thank you for sharing your view. It helped.

      Comment


      • #4
        hi, I have the exact same situation. May I know what did happened to your case? Did your employer allowed you to work after extension receipt received and did you get any query from uscis while processing your case.

        Comment

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