H1 b legal status

[MEENU6318]

My h1-b visa expires on 18 th may.

Extension application submitted on 23rd april.

Receipt from uscis yet not received.

My question as under

if uscis receipt not received till 18 th may then what is my legal status ?

Can i contunue work in present organisation till receipt received ?

I will be considered out of status and return to india ?

Please advise

mahendra soni

[raghvi]

My h1-b visa expires on 18 th may.

Extension application submitted on 23rd april.

Receipt from uscis yet not received.

My question as under

if uscis receipt not received till 18 th may then what is my legal status ?

Can i contunue work in present organisation till receipt received ?

I will be considered out of status and return to india ?

Please advise

mahendra soni

Assuming you haven't completed 6 year H1 stay in US you are legal to stay in US till your I-94 expiry.

If I-94 has expired or about to expire then if extension is applied before I-94 expiry then you can stay and work till USCIS gives a decision on the extension request OR till 240 Days since I-94 expiry whichever is earlier.

If USCIS denies within the 240 days then you have to leave. If it accepts, it will issue a new I-94.
If USCIS doesnt decide till 240 days then you have to stop working.


This is my opinion not legal advice.