H1B extension approved with a gap of 50 days between the new approved start date and old expiry date


My H1B/I-94 expired on Jan-31-2015. My employer applied my visa extension on Nov-6-2014 with normal processing time. But i received RFE on Jan-7-2015.

so my employer responded to RFE by converting it into premium processing on March-19-2015.
Petition approved on March-31-2015.

But email shows Petition approved validity starts on March-23-2015. My old visa expiry date was Jan-31-2015. There is a gap of 50 days between my new approved visa staring date and old expiry date.

Can this gap valid ? Will this create any issues in my next visa extension process?

Please help me on this issue,


Hi Stony,

If you are worried about being out of status due to this gap, there is nothing to be concerned. This is a USCIS determination and you are in active status as long as the file is in initial review or in RFE. It is another matter if your employer revoked your H-1B on January 31st by writing to USCIS but I doubt such an action was taken.

Best wishesDr. Sandeep Shankar, Colorado Heights University, www.chu.edu, sshankarATchu.edu

Thanks Sandeep for your reply !!!
I spoke with my company immigration team and they said it is not an issue as long as i have my approved extension of stay. still i need to get my I-94 document and my spouse H4 is still in ‘case received’ status.