Will I be out of status when the corrected application was received aftr H1B expired?

[maxxx]

My H1b expired on Sept 4th 2015.
When my company filed the H1b extension application, the application reached USCIS on Sept 4th. My Wife's H4 application was included in the application.
However, there was an error in my wife's application and they asked us to resubmit one of the document. The resubmitted application reached them on Sept 24th.

Now my employer is saying that I might be out of status as they consider 24th September as the application date. Is that right?

My employer has moved my application to premium processing on 12th Feb 2016. We are hoping to receive an answer sometimes by next week and we are expecting an RFE because of the situation.

On March 3rd 2016, it will be 180 days since my visa expired. I am planning to leave the country by feb 27th 2016 to be on safer side.
If my visa gets approved before feb 27th, will I get the I94 with the approval or do I need to go out of the country and come back after a visa stamping?
If I don't get the visa approved before feb 27th, I will obviously go for stamping. How will the out of status affect my interview?

To Summarize my questions:

1) Is my application date considered as 24th Sept 24th or Sept 4th?
2) If my visa gets approved before feb 27th, will I get a new I94 with the approval notice?
3) How will the out of status affect my visa interview?


Please let me know your thoughts?

Thanks in advace.

[maxxx]

Hi all, any suggestions?

Thanks!

[raghvi]

My H1b expired on Sept 4th 2015.
When my company filed the H1b extension application, the application reached USCIS on Sept 4th. My Wife's H4 application was included in the application.
However, there was an error in my wife's application and they asked us to resubmit one of the document. The resubmitted application reached them on Sept 24th.

Now my employer is saying that I might be out of status as they consider 24th September as the application date. Is that right?

My employer has moved my application to premium processing on 12th Feb 2016. We are hoping to receive an answer sometimes by next week and we are expecting an RFE because of the situation.

On March 3rd 2016, it will be 180 days since my visa expired. I am planning to leave the country by feb 27th 2016 to be on safer side.
If my visa gets approved before feb 27th, will I get the I94 with the approval or do I need to go out of the country and come back after a visa stamping?
If I don't get the visa approved before feb 27th, I will obviously go for stamping. How will the out of status affect my interview?

To Summarize my questions:

1) Is my application date considered as 24th Sept 24th or Sept 4th?
2) If my visa gets approved before feb 27th, will I get a new I94 with the approval notice?
3) How will the out of status affect my visa interview?


Please let me know your thoughts?

Thanks in advace.

1. If your application reached 4th Sep then that would most probably be the date. Your spouse on the other hand may have the 24th Date.
2. Cant say for sure as dates are so close to expiry.
3. You may have to explain why the extension was filed so late when USCIS allows filing upto 6 Months in advance. Apart from that as long as other paperwork s fine it should not be a problem.

This is my opinion not legal advice.

[maxxx]

Thanks Raghvi!

One thing that concerns me is when I go to check the status of the application (both mine and my wife's) it says "On September 24, 2015, we received your Form I-129" .
Is there a way to track history of the messages on the status website?