H4 expiring, H1 CoS pending, cap exempt

[penguin80]

Hi,
I was H1B for 2.5 year and then changed to H4. H4 is expiring at Dec end. I have H1B COS filed again and is pending (cap exempt as I was already on h1b for a while and used only 2.5 years).
1. Can I legally stay while H1B COS is pending but H4 has expired?
2. How many days can I stay if H1B COS gets denied and my H4 has already expired by then?
3. How many days grace I would have to file H4 extension after h1 is denied?

Thanks for your advice.

[raghvi]

Hi,
I was H1B for 2.5 year and then changed to H4. H4 is expiring at Dec end. I have H1B COS filed again and is pending (cap exempt as I was already on h1b for a while and used only 2.5 years).
1. Can I legally stay while H1B COS is pending but H4 has expired?
2. How many days can I stay if H1B COS gets denied and my H4 has already expired by then?
3. How many days grace I would have to file H4 extension after h1 is denied?

Thanks for your advice.

Assuming your H4 I-94 is expiring along with the H4 visa.
1. I wouldnt say "legally" but yes you can stay upto 240 Days or till COS decision comes(if it comes as a denial), from the time I-94 has expired.
2. Technically zero days if yoru H4 I-94 has already expired.
3. If I-94 expires you cannot file extension request.

So if your I-94 has expired then the only way for you to continuously stay in US is to get your H1 approved as a COS. Otherwise you would have to leave US and re enter US with a new visa.

This is my opinion not legal advice.