I-94 Expiration and H1B Extension Application

[aggie85]

Hello,

My H1B(1st Term) will be expiring on Jan 2, 2015 and that means I-94 expiring on same date. Currently my extension application is in premium processing, I like to know if it is necessary to file I-539 with H1B to get extension on I-94. On the other-hand my lawyer says I can not leave the country until application gets approved, if I leave then application will be abandoned. So now my dilemma is do I need to go out of the country before my I-94 expires or do I need to stay in US until my visa get approved. Please let me know if anybody knows more details. Thank you advance.

[abhijit_mydr]

after applying h1b extension normal/premium anyone can stay in US for max 240 days of expiry of visa/i94. if wur applicaiotn approved u will get a new i94 expiry date and approved petition. If not approved by 8 monthsof expiry, u hv to leave india and have to wait for ur extension approval, after that u hv to stamped it again once approved and come back to US. I did few yr back this.