H1 Extension - Late Filing

[prince1980]

HI, Need Help Urgently...

I am an IT professional working in a reputed Indian company. My H1 visa was due for an extension this year and my employer filed my h1 extension in time, however the receipt date given by USCIS was 6 days after my I-94 expiry date. Now I received a RFE from USCIS requesting evidence to prove valid non-immigrant status at the time of filing. My I-94 expired on 18-Jun and USCIS receipt date is 24-Jun.

My WAC number has the computer work day as 179 which means the receipt date was created on 17-Jun (a day before my I-94 expired). I am confused now whether the filing was done in time or not (my employer says they filed on time)?

Can someone please help me understand the documentary evidence that I need to provide to support my in-time filing and what are my options going forward?

Thanks in advance.

[shervin143]

If the date on the receipt notice is before your I-94 expiry date, then you are good. If not, then it is a problem. This is why one should not wait until the last minute to file the extension. USCIS gives you 6 months in advance to file the extension and still you wait until the very last minute.


If the extension was filed before the I-94 expiry date, then ask the employer to submit proof like FedEx receipt notice etc. That might or might not work. IN a situationlike this, it is advisable to upgrade the case to premium and get the result within 15 days. If not, it might take 3-4 moinths and later if the extension gets denied, then the time spend in U.S after your I-94 expiry date will be considered as illegal stay and 3-4 months is a long period of illegal stay which will cause issues later.

[prince1980]

Thanks for your response.
What are the chances that USCIS issued an incorrect date on the receipt notice? Does it happen?
USCIS receipt date and WAC number do no match, hence am tending to think likewise.

[shervin143]

What are the chances that USCIS issued an incorrect date on the receipt notice? Does it happen?
>>> I don't know. Evenif that was the case, how are you goin to prove that and convince USCIS?

USCIS receipt date and WAC number do no match, hence am tending to think likewise.
>>> As per my knowledge they don't have to match.