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  • overstaying visa

    Hi,
    I have an expired US H1B visa and a valid I-94 that does not expire until a year from now. Is that by any chance "overstaying my visa". Am I legal to continue staying?

    Thanks,

  • #2
    Hi OP,

    Visa is just for entering US .
    Your legal stay in US is determined by I-94 .

    So as long as you have unexpired I-94 and Authorized petition (like I-797) to work you are absolutely fine.

    Make sure that you file for an extension before your I-94 expires (which you can do 6 months in advance)

    Thanks and regards,
    Abhay

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