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H1b filling after I-797 expired and before I-94 expiry

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  • H1b filling after I-797 expired and before I-94 expiry

    Hi Team,
    I have a query regarding my h1b extn, My I-797 is expired on 7/17/18 , and I-94 is going to expire on 7/27/18. My employer missed to file before I-797 expiry, But they are going to file extension in premium mode before my I-94 .
    1. So Now i am eligible to work and stay legally in US now?
    2. if yes,But my employer saying i am not eligible to work until i got approval is that correct ?
    3. is there any risk to apply after I-797 expired and before I-94 expiry ?
    thanks

  • #2
    You can't work until you get the H1B extension filing receipt.
    Immihelp Support
    No legal advice. Use at your own risk.

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