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H1 Expired, filed H4 after 45 days, I'm I out of status?

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  • H1 Expired, filed H4 after 45 days, I'm I out of status?

    Hi

    My H1B visa expired on 15th Feb 2017, I didn't file H1B extension but I filed H4 visa on 1st April 2017 in Premium Processing, Have I gone out of status?

    My H4 visa might get approved in this week but it's staring date will be 1st June 2017. Can I legally stay in US till my H4 visa start date?

    Thanks

  • #2
    What do you mean your visa expired? The visa is the thing in your passport and it is only for entry. When the visa expires is completely irrelevant when you are in the US. Do you mean that your I-94 expired? or that you went out of status?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      My I94 expired on Feb 15th 2017

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      • #4
        Yes, you are out of status since Feb 15, and there is a good chance that your change of status will be denied because it was filed while you didn't have status.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thanks, I'm leaving US, can I work from home to my current client, from India? We'll not run any payroll in US.

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          • #6
            Originally posted by chetansaip View Post
            Thanks, I'm leaving US, can I work from home to my current client, from India? We'll not run any payroll in US.
            Yes, you can. There is no reason why you should not be compensated for this.

            This is my opinion not legal advice.

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            • #7
              thanks

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