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Both I-94 and H-1B expires 9/30/2009 - HELP

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  • Both I-94 and H-1B expires 9/30/2009 - HELP

    Both my I-94 and H-1B expires 9/30/2009 - My employer is not renewing my visa, I was HOPING i find a job soon so I can extend/transfer my H-1B. BUT now I realized my I-94 is also expiring on the same day. Initially I plan that if I don't find a job soon enough to extend my visa, I will file for change of status to B2 visa to extend my stay.

    1) How and when should I apply for B2 to extend my stay after 9/30/2009?
    2) Do I have to leave the country prior to 9/30/2009 to get a new I-94? What if my I-94 also expires on 9/30/2009?
    3) what does it mean if my I-94 expires?

    PLEASE HELP!!! thanks!!

  • #2
    1. You should apply for the COS to B2 prior to expiration of the I-94 and your H1b status.
    2. How will you get a new I-94 without a valid petition beyond 9/30? If you are talking about B2, if B2 COS is approved, they will send you an I-94 indicating the validity period. However, if the COS is denied, you would accumulate illegal presence from the date of expiration of the I-94.
    3. You become illegal unless you have a pending petition with USCIS filed prior to the expiry.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.