Can the gap be 12 days between H1B extension start date and old H1B expiry date

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Question

Can the gap be 12 days between H1B extension start date and old H1B expiry date

Anonymous Oct 25, 2013 Bankruptcy and Debt 6 views 2 answers

My approved petition start date is 12-Oct-13 and my expired petition end date is 30-Sep-13 (With I-94 expiry of 10-Oct-13). Here, should i consider it as gap ? then it is 12 days or 2 days ? My extention filed 'Received date' is 02-oct-2013, but the approved petitions says the start date 12-Oct-2013. Now, should i submit "adjustment of status" application ? or it is not at all a gap and i am not out-of-status and not on illegal stay ?

Lynn Marie O'BrienImmigration AttorneyMc Lean, VA · Answer 1 · 2026-06-15T10:45:36+00:00

Is the approved petition date supposed to be October 12, 2013? Is there just a typographical error? If your current H-1B expired on October 10, 2013, then your attorney probably requested a start date of October 11, 2013. Perhaps with help from an AILA liaison, your attorney could get the service center to correct the problem (if it was due to USCIS error). If your attorney requested the wrong date, then it looks like you have a 1 day gap. If your current H-1B expires on 10-10-13 and your new H-1B doesn't start until 10-12-13. You should not file an adjustment of status application- that is the 3rd step in the green card process.

F Capriotti 2793192.Html · Answer 2 · 2026-06-15T10:45:36+00:00

F Capriotti 2793192.Html

F Capriotti 2793192.Html · Jun 15, 2026

Any gap is a problem. What did the company's immigration attorney say when you asked him/her?

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Can the gap be 12 days between H1B extension start date and old H1B expiry date

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