H1B Extension receipt received 3 days after i-94 expiration

Dear Anil Sir,

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.

Well, it’s unfortunate that USCIS is not acknowledging the delivery on December 31.
But, that’s how things work with government agencies.

What’s the receipt date mentioned on the USCIS PP letter?

Received date - 01/14/2019

Notice date - 01/14/2019

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.

can I still work or I have to stay at home!!

If you consider the date written on USCIS official letter, you should stay at home.

Thanks for your valuable Input…


I am in same boat. Can you pls let me know if this resolved . Appreciated for your time here