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True, you have to apply before H1 expiration to be in status. But unless you have received your receipt notice, what is the proof that you have applied, in case there is an emergency INS check. If your company/employer\'s lawyer has filed your case, then you are fine with your company, but if you have done it through independent lawyer or yourself, then you need to submit the receipt notice to your HR department to be continued on your payroll. So, to be on safer side it is better to apply little early so that you have the receipt notice before the expiry of your earlier extension.