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Gap between previous H1 visa expiry and new H1 extension

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  • Gap between previous H1 visa expiry and new H1 extension

    My earlier H1 visa lapsed on 30-Sep-2009 and H1 extension is granted only from 01/13/2010, which means, i don't have any extension/visa approval for the period from 01-Oct-2009 to 12-Jan-2010 on paper. Is this a reason to worry? Will i be considered as "out of status" for these 3.5 months? Will this be a problem when i go to India for stamping? Will this be a problem when green card processing happens in the future?

    Note:
    1) The extension was applied before 30-Sep-2009, so i hope i would be covered under 180 days criteria for those 3.5 months
    2) But the extension papers (i.e) new I-94 and new I-797 has the dates only from 13-Jan-2010, which means i don't have my I-94 and I-797 for that period. Does this gap any reason of worry for me?
    3) A correction was filed by my employer to make this change in my extension period, but USCIS replied back saying that

    "Dear Petitioner:
    The following is provided in response to your inquiry sent to the xxxxxxx Service Center on April 19, 2010.Your case has been reviewed and it was determined that the final decision rendered on your case was accurate.No correction wil be made because the start date on the petition was given from January 13, 2010, due to change of employment condition within the same company: xxxxxxxx"

  • #2
    1) The extension was applied before 30-Sep-2009, so i hope i would be covered under 180 days criteria for those 3.5 months
    >>> You are not just out of status, you are illegal and your employment without authorization is illegal too.

    2) But the extension papers (i.e) new I-94 and new I-797 has the dates only from 13-Jan-2010, which means i don't have my I-94 and I-797 for that period. Does this gap any reason of worry for me?
    >>> Hard to predict. I can cause issues later.
    Not a legal advice. Use of this information is strictly at your own risk.

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