H1B maxed out 6 years but I-94 given 3 months beyond the date

[kakarla81]

Here is my situation.

H1B maxout - 24 May 2020 and 20 June 2020 including recapturing time

I94 expiry - 01 Sep 2020(This might be a mistake from USCIS, giving 3 months of 1-94 beyond 6 years)

PERM applied as of - 03 Sep 2019

PERM Status - Audit (as of 03/31/2020)


Now my attorney suggested to leave country before 20 June or change of status after 20 June.

I am planning to leave country in May but I have a son who is USC and Indian gov is not giving any visas until now.

My question is, can I create a service request to USCIS to extend my stay because my USC son is not getting visa from India and I have valid I-94 till Sep 2020 ?

[R78]

Best option is to file for Visitor / B visa and stay back till you can leave.
As long as you file, you should be OK.