Urgent- Petition expired and extension not filed yet

[h1b2016]

Hello,

Below is my situation-
1. Visa/i797 expired on 30 Sep 2016
2. i94 is valid till 10 Oct 2016
3. Extension is not yet filed by employer. They will file in 1st week of Oct

Considering the facts above-
a. Am I allowed to work from monday i.e 3rd Oct at client location? Or should I wait till extension Receipt is received.
b. Will this cause any issue in Extension approval and getting the visa stamped next year.
c. In case I get extension approval, will I be eligible for Drop-Box since both emp and client are same.

Thanks in Advance.

You guys are doing great service to all the troubled like me.

[raghvi]

Hello,

Below is my situation-
1. Visa/i797 expired on 30 Sep 2016
2. i94 is valid till 10 Oct 2016
3. Extension is not yet filed by employer. They will file in 1st week of Oct

Considering the facts above-
a. Am I allowed to work from monday i.e 3rd Oct at client location? Or should I wait till extension Receipt is received.
b. Will this cause any issue in Extension approval and getting the visa stamped next year.
c. In case I get extension approval, will I be eligible for Drop-Box since both emp and client are same.

Thanks in Advance.

You guys are doing great service to all the troubled like me.

One needs valid visa to only enter US, oen needs valid I-94 to stay in US, but one needs valid I797 approval to work. So, I dotn think you should be working beyond current I797 expiry.

The petition extension should typically be applied much before its expiry.

Yes you will be eligible for dropbox.

This is my opinion not legal advice.

[h1b2016]

Thanks for confirmation but will it have impact on extension

One needs valid visa to only enter US, oen needs valid I-94 to stay in US, but one needs valid I797 approval to work. So, I dotn think you should be working beyond current I797 expiry.

The petition extension should typically be applied much before its expiry.

Yes you will be eligible for dropbox.

This is my opinion not legal advice.

Thanks Raghvi for quick reply.

Do you think the period from petition expiry to receipt generation date will be considered out of status?
e.g. If receipt is generated on 5th Oct then will the period 1st to 5th oct be considered as put of status? And will it have any adverse impact on my extension approval chances.

I know you wouldn't want to predict the outcome but your opinion will help me calm my nerves.

Cheers!!!

[raghvi]

Thanks Raghvi for quick reply.

Do you think the period from petition expiry to receipt generation date will be considered out of status?
e.g. If receipt is generated on 5th Oct then will the period 1st to 5th oct be considered as put of status? And will it have any adverse impact on my extension approval chances.

I know you wouldn't want to predict the outcome but your opinion will help me calm my nerves.

Cheers!!!

Keeping the extension filing process pending till last moment itself was not the right decision by your employer. You should have pushed much harder earlier.

You can only hope that they will ignore that period. Recommended to file extension in premium to get clarity faster.
This is my opinion not legal advice.

[h1b2016]

Keeping the extension filing process pending till last moment itself was not the right decision by your employer. You should have pushed much harder earlier.

You can only hope that they will ignore that period. Recommended to file extension in premium to get clarity faster.
This is my opinion not legal advice.

I understand it was a big mistake on my part too not to push for extension. Hoping everything works out well.

They will file it in regular but I will upgrade to premium in 1 week's time as per your advice.

Thanks.