I-94 expiry, h1 extension pending

[kumar76g]

Hi All,
My H1B visa got expired on 7/28/18 and I-94 was expired on 8/7/2018. My company tried to get LCA approval one week before day of expiry. Hence, LCA approval on Last of day I94 Expiry. i.e. 8/7/2018. I have valid H1B approval notice until Nov 26 2018.

LCA approved same day(8/7/2018) on my I-94 expiry same day. My company filed for extension on 8/7/2018 but the received date is 8/8/2018 . That is, 1 day after I-94 expiry. I got the receipt number on 8/8/2018. My company told me, since I have labor approved and have receipt number, it is legal to work.


Questions -
1) Is it legal to work after I-94 expiry with labor approval and receipt number?
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date.
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?
4) Can i change the employer if there is any RFE in the extension of current H1
5) is it better find a new job and change the employer as soon as possible.
6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 .
7) what is the best solution for me to do in this situation.

[kumar76g]

Hi All,
My H1B visa got expired on 7/28/18 and I-94 was expired on 8/7/2018. My company tried to get LCA approval one week before day of expiry. Hence, LCA approval on Last of day I94 Expiry. i.e. 8/7/2018. I have valid H1B approval notice until Nov 26 2018.

LCA approved same day(8/7/2018) on my I-94 expiry same day. My company filed for extension on 8/7/2018 but the received date is 8/8/2018 . That is, 1 day after I-94 expiry. I got the receipt number on 8/8/2018. My company told me, since I have labor approved and have receipt number, it is legal to work.


Questions -
1) Is it legal to work after I-94 expiry with labor approval and receipt number?
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date.
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?
4) Can i change the employer if there is any RFE in the extension of current H1
5) is it better find a new job and change the employer as soon as possible.
6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 .
7) what is the best solution for me to do in this situation.

Could anyone on this forum , please share your opinions , i am in a confused state right now.

[drahul118]

1. With the approval of extension of H1B you will get new I-94 soon.
2. Not sure
3. Not sure
4. Not a good idea
5. May be if you feel the employment is creepy
6. Not sure but this is same as question 1, consult an immigration lawyer near your area.
7. Consult a new immigration lawyer once near your area immediately.

Do not be tensed you will figure it out.

Hi All,
My H1B visa got expired on 7/28/18 and I-94 was expired on 8/7/2018. My company tried to get LCA approval one week before day of expiry. Hence, LCA approval on Last of day I94 Expiry. i.e. 8/7/2018. I have valid H1B approval notice until Nov 26 2018.

LCA approved same day(8/7/2018) on my I-94 expiry same day. My company filed for extension on 8/7/2018 but the received date is 8/8/2018 . That is, 1 day after I-94 expiry. I got the receipt number on 8/8/2018. My company told me, since I have labor approved and have receipt number, it is legal to work.


Questions -
1) Is it legal to work after I-94 expiry with labor approval and receipt number?
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date.
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?
4) Can i change the employer if there is any RFE in the extension of current H1
5) is it better find a new job and change the employer as soon as possible.
6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 .
7) what is the best solution for me to do in this situation.