Gap Between 2 I-797

[sauimmi]

Hi Experts,

I have a wierd issue so thought of asking what is the way out of it.

My Current I-797 is valid till 23-dec-2012
I-94 Valid till 2-Jan-2013

H1-X new starts from 3-Jan-2013 till 2014

I can see that there is a clear gap between the two I797 I have, the current one expires on 23rd and the new one starts from 3rd Jan.

My stay will be legal as my I-94 is valid but I am not sure if working will be legal during 24thDec to 2nd Jan.

Can anyone shed a light if I am OK legally and also if my GC will be filed in future I will not have any issue due to this Gap.

Thanks in Advance.

Sau

[qesehmk]

Sau - Based on the facts you provided - Your stay clearly is legal. But working during those 2 weeks won't be legal. You either need to extend existing 797 or prepone future 797. Good luck!

p.s. - By any chance is your company closed during Dec 23 to Jan 2nd? Perhaps they filed your H1 extension to avoid paying you during holiday season when usually work doesn't happen. My previous employer used to be oficially shut down between Dec 25-Jan 1st. If so - make sure they also don't process your payroll to avoid any future hassles.

Hi Experts,

I have a wierd issue so thought of asking what is the way out of it.

My Current I-797 is valid till 23-dec-2012
I-94 Valid till 2-Jan-2013

H1-X new starts from 3-Jan-2013 till 2014

I can see that there is a clear gap between the two I797 I have, the current one expires on 23rd and the new one starts from 3rd Jan.

My stay will be legal as my I-94 is valid but I am not sure if working will be legal during 24thDec to 2nd Jan.

Can anyone shed a light if I am OK legally and also if my GC will be filed in future I will not have any issue due to this Gap.

Thanks in Advance.

Sau