H1B extension received late because of holiday. Is there a grace period?

dejital

Registered Users (C)
Hello All, I need your help

I am currently in H1 status, I also have an approved PERM and approved 1-140.
My company has submitted paperwork for an extension on my H1 as I just finished my 6th year.

Unfortunately due to delays not caused by me, the extension was mailed out only on the Feb 13th.
My current I94 expired on Feb 15th (a sunday).
Monday the 16th was also a holiday.
So USCIS only received the paperwork on Feb 18th

Would this be grounds for my extension to be denied?
We also submitted the renewal under premium processing
 
Last edited by a moderator:
If the I94 expiration that you are mentioning is the date of i-94 in H1B approval (i.e. H1 expired) then there is some risk. But in general USCIS ignores this much delay as you had sent the application before the expiry.
 
Yes, the I-94 that came with my last I-797A said it was valid up to 2/15/2009
So you think I should be in the clear being that my extension was sent in before that date?
Thanks for your response.

If the I94 expiration that you are mentioning is the date of i-94 in H1B approval (i.e. H1 expired) then there is some risk. But in general USCIS ignores this much delay as you had sent the application before the expiry.
 
Top