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  • H1 extension

    Hi,

    I am trying to get some clarification for the situation with my H1 extension. My current visa is expiring in the next 10 days. My employer is applying for an extension However, the current processing stage is LCA procurement which would take a few more days and there is a possibility of missing the date on the VISA. I was told that I am legally eligible to stay and work in the US till the expiry of the I-94 document( which is 20 days from today). I am not sure if I can work with an expired visa and an active I-94. Any thoughts ?

    Thanks,

  • #2
    Visa is only an entry document to U.S. When you are inside U.S, your I-94 will determine your legal stay in the country. Make sure the documents to extend your status reaches USCIS before your I-94 expiry date. Once the I-94 expires, the extension of status is not possible.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the response. There is another complication in my case. The employer did not have an LCA and had to procure the same . However, it seems the DOL ( Department of Labor) came back with the Rejection. The team has reposted the LCA. However, I was told it would require about 7 days for the confirmation from DOL. My visa is expiry in one day and the I94 in 10 days. I am assuming the date on I94 is the final for the legal stay or are there any cases where people pending cases with DOL stay beyond the I94 expiry. Any quick responses in this regard would be really appreciated.

      Thansk !!

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