My H1B extension request was filled 2 days before petition expiry in premium but USCIS receipt was generate 3 days after I-94 expired. Still waiting for decision… what are my options…i am really in bad situation.
Extension request sent to USCIS on - 12/28/2018
FedEx Delivery Receipt - 12/31/2018
H1B Petition expired - 12/31/2018
recent I94 Expired that came with last petition expires - 01/10/2019
USCIS Receipt notice for PP received on - 01/14/2019
H1B Visa stamped visa expired on 01/16/2019
Looks like I am already out of status and accruing unlawful present. But my employer told to wait for the decision. Not sure what shall I do…in a really bad situation now.
Me and my employed called USIC and asked about they delay in recipt…as FedEx deliver was on 12/31 but they did not consider it and telling that they received the package on 01/14 and told us to wait for decision…10 days passed still waiting.
Also from my earlier Visa I in my passport the I-94 is showing 01/16/2019 and that’s what shows in the CBP I-94 online Portal. But last I-797 receipt had an I-94 attached as 01/10/2019.
The MOST RECENT i94 is what is counted.
If your i797 approval came after your earlier visa, then i797 i94 is considered.
I think you can wait for 5 more days and you will get result anyway.
I am not sure if USCIS will count your 12/31 as the date of application. If they do, you will be fine.
If they count 1/14 as the date, then they might just approve your application with consular processing. In that case, you will have to go out of USA and re-enter to get new i94.
Don’t worry about the unlawful presence too much. You are within safe timelines.