My H1B expired on 04.30.2015 and H1B extension was filed on 04.25.2015 based on my approved I140. I received a RFE on my case on 06.08.2016. My employer says he will not process payroll as I94 has expired and will do it once I am in status. What does he mean by I94 has expired ? Am I out of status and cannot work? Is he correct? What happens if H1 extension gets denied? What are my options to stay in this country?
Did you mention the correct dates?
Your H-1 expired in April 2015, and your RFE was received in Jun 2016?
If that is the case, then you are out of status. Why didn’t you, your employer or attorney raised it to PP earlier?
Once your I-94 expires, you are allowed to stay for only up to 240 days on pending extension petition. So you were in legal status until April + 8 months = Dec 2015. You are out of status since then.
Thanks for your reply. It is unfortunate that neither employer or attorney updated me about this