H1 extension & i94 expiry

[Nihar2610]

We r Indian citizens, in usa on H1 and H4 visas. Our visa expiry is 8 Oct and i94 expiry is 18 Oct. We've already filed visas for extension in May.

1) My query is: once our visa extension is successful, do we need to still leave usa before i94 expiry date or can we stay in usa even after i94 expiry date?
2) what is maximum time we can stay in usa after visa extension (but not stamped new visa). Do we get new i94?

Regards!

[raghvi]

We r Indian citizens, in usa on H1 and H4 visas. Our visa expiry is 8 Oct and i94 expiry is 18 Oct. We've already filed visas for extension in May.

1) My query is: once our visa extension is successful, do we need to still leave usa before i94 expiry date or can we stay in usa even after i94 expiry date?
2) what is maximum time we can stay in usa after visa extension (but not stamped new visa). Do we get new i94?

Regards!

If your extension is approved, with the approval notice you would be getting a new I-94.

You can stay till Max 6 Years on H1 in US (if GC is not filed timely) or till new I-94 expiry whichever is earlier.

If extension is approved but you dont get a new I-94 you would have to leave on or before the current I-94 expiry (18-Oct-2013).

If extension is denied you will have to leave on or before current I-94 expiry (18-Oct).

If decision is pending, you can stay till max 240 Days from your current I-94 expiry till decision comes. If decision is delayed beyond 240 Days you should leave before 240 days since I-94 expiry (in your case it would be 240 Days after 18-Oct-2013).

This is my opinion not legal advice.