h1b extn application should reach USCIS before expiration date or should be approved before expiry

[mn092]

Hello

I have a question about H1B Extension. Can someone please answer this.

I still have close to 7 months left on my original H1B (6 years). I am planning to file a H1B extension based on my I-40 approval (I-485 pending for more than 2 years).

My current H1B is set to expire on 02/01/2010.


1. Should my H1B extension be approved before the expiration date, 02/01/2010 or the H1B extension application should reach USCIS before expiration date, 02/01/2010?

Appreciate your reply.

Thanks

 

[fromnaija]

You can apply for your extension within 180 days of expiration. So you need to submit your extension application within that period and certainly before the expiration date.
It may however be approved after the expiration date but be sure to ascertain that the new start date is from the previous expiration date otherwise you will have a gap in your approval history (which may not be consequential since you also have a pending AOS application).

 

[ginnu]

Hello

I have a question about H1B Extension. Can someone please answer this.

I still have close to 7 months left on my original H1B (6 years). I am planning to file a H1B extension based on my I-40 approval (I-485 pending for more than 2 years).

My current H1B is set to expire on 02/01/2010.


1. Should my H1B extension be approved before the expiration date, 02/01/2010 or the H1B extension application should reach USCIS before expiration date, 02/01/2010?

Appreciate your reply.

Thanks

your Employer Can file H1 extension 6 month advance of your I-94 expiry date OR H1 extension petition Must reach USCIS Before your I-94 gets expired.