H1 Extension

[rajputguy]

Hello,

I am new to these forums so i apologies if this is not the right thread for this sort of discussion. Here is the situation

Visa Valid till : April 3, 2013
I-94 Valid till: April 3, 2013

My employer is already starting the H1B Extension process using regular processing. Here are the questions i have:

1. In case visa extension is denied well before my I94 expires, can i stay in US till april 3, 2013? or do i have leave country immediately upon denial of extension?
2. In case extension is denied, what are my options? provided i have time left in my I-94 expiry? Visa transfer? Repeal of extension?

This is my first extension of H1 Visa.

Any help would be appreciated.

Thanks a lot.

Regards.

[shervin143]

My employer is already starting the H1B Extension process using regular processing. Here are the questions i have:
>>> Extension of status can be filed only 6 months prior to the I-94 expiry date. In your case, the EOS can be filed only on or after Oct 3rd 2012.

1. In case visa extension is denied well before my I94 expires, can i stay in US till april 3, 2013? or do i have leave country immediately upon denial of extension?
>>> You can stay and work until the I-94 expiry date unless USCIS specifically mentions in the rejection that you should leave immediately.

2. In case extension is denied, what are my options? provided i have time left in my I-94 expiry? Visa transfer? Repeal of extension?
>>> MTR will take a long time to get a decision. You can file the transfer to a new employer before the existing I-94 expires.