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i94 expired.....how many days can i stay if h1b extn decision is pending?

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  • i94 expired.....how many days can i stay if h1b extn decision is pending?

    My i94 expired on Oct-7-2010 but my h1b extension decision is pending?

    So, how many days can i stay?

    As it is already 3+months that my i94 expired, can i still stay?

    what is the maximum limit of days that i can stay after i94 expires?

    is there any way to get my i94 extension without h1b extension?

  • #2
    If it is already 90 days since you filed the extension, then your employer/attorney can take an infopass appointment with USCIS to discuss your case. That will speed up things. If your I-94 has already expired and if the extension gets approved later, then you are all good. If the extension gets denied, then the time that you have spent in U.S after the I-94 expiry date will be considered as illegal stay. H1B extension is nothing but I-94 extension (Extending the H1B status).

    Either ask your employer to take the infopass appointment with USCIS immediately or upgrade the case to premium to get a quick response. The more the illegal stay, the more issues you will face later.
    Not a legal advice. Use of this information is strictly at your own risk.

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