Gap Between two I-797

[sauravrawat]

Hello Sir,

I have an issue where there is a gap between my two I-797 of 10 days. Below are the details:

Current H1 - Valid Till 23rd Dec 2012

Current I-94 valid till 02nd Jan 2013

H1 extended from 03rd Jan 2013 to 2015

Now as stated above there is a gap of 10 days between my current I-797 and the new one which I received couple of days back. This has happened as my company put 03rd Jan as the date ,looks like a mistake as they may have taken last day of I-94 instead on I-797.

I know as my I-94 is valid so I can legally stay in US but what about me working here during those 10 day gap.

Also in near future my green card will be applied do you see any issue in that due to this gap, will I be considered out of status and my Green card or my working here be jeopardized. Let me know what action I should take if there is any issue?

Thanks in advance, looking forward for a quick reply.

Regards
Saurav

[shah]

First I do not see a problem but have you traveled outside the US after that. If yes, then it should reset itself. Also under INA 245(k) working without authorization for less than aggregate 180 days should not bar you from getting your GC. In your case, you were not really out of status. Have all your records kept somewhere and if there are problems then you can show it to the officers at an interview.

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