I94 and current H1B expired on (07/09/2022). H1B extension applied after I94 expiry

My employer completely missed to apply for my H1B extension. My I94 expired (7/19/22) and H1b expired (7/9/22). They applied for my LCA on 7/20/22 which got certified in 7 days. For H1b, I hear the appointments are not easy to come by even in Mexico. (India, Canada will be difficult to get). What is the best course right now - to apply for I797A and ask for delay forgiveness? If applying for I797B, the appointments are hard to come by. We are applying for H1b in premium.
I am of the view point to apply for I797A. Also, will I have to leave the country or I can wait till I797A?

Your employer may file H1B with NPT however it is at discretion of the USCIS. You must stop working after your I-94 expires and can only start working once your H1B is approved with I-94.
You can keep working after your I-94 expires only if the extension of status is applied before your I-94 expires.

1 Like