H1 extension effective date, please help!

[allaboutgc]

Hello,

I have an urgent question and please help me!

My h1 extention has been filed for more than a month and it has not been approved. My current h1 is expiring on April 10. It is very possible (almost 100%) that my h1 extention will not be approved by April 10 when my current h1 expires.

My understanding is: I can keep working after April 10 even if the extension has not been approved, as long as the extension was filed before the current one expires. Now my question is, in my extension application, the new h1 starting date is April 11. Now when USCIS review my file after April 10, say, on May 1, will they still grant a starting date of April 11 for my extended h1? I mean, when they look at my file on May 1, which passes April 11, they can only give a starting date as May 1, Is that right? Then between April 11 and May 1, am I legal? (There is gap between the current h1 and the extended H1)

Please help! I am very worried.

 

[GotPR?]

They will grant start date stated on LCA. In your case, it's April 11 even though they approve after April 11.

 

[allaboutgc]

Thank you very much. May I ask if you had such experience yourself or you heard about it? I am just trying to confirm. I worry about it so much.

Thanks again!

 

[GotPR?]

Mine was not extension. It was a new H1 petition filed with start date June, and actually approval was delayed to Nov, but start date was still June which was exactly matching LCA's employment start date.

I now remember my H1 extension was also in the same situation as yours, but do not remember what start date on approval. I'll check and will update you.

PS. I checked my extension i did 2 years ago, looks like mine was approved right before expiration, and thus not the same as your case.
Anyway, your new start date must be the next day of expiration.