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Urgent : H1B expired by I94 valid - Out of status

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  • Urgent : H1B expired by I94 valid - Out of status


    Below is my current scenario :

    1) Current H1B expired on 31-Jul-12.
    2) I94 valid till 10-Aug-12
    3) H1B Extension & Amendment will be submitted by employer on 08/07 (unavoidable delay due to LCA procurement procedures).

    As of 07/31 I am not working and is not on payroll with my employer.

    I am hoping to get the application receipt # by 08Aug or 09Aug2012. If not received by 10Aug, I understand that I will have to leave USA as my stay would be illegal.

    Questions :

    1) Consider the extension gets filed by 08Aug2012. Will I have to wait until my extension is approved to resume work or can I work from when the date the receipt number is received?

    2) Is it legal for me to stay in the country after 10Aug12 if the extension is applied atleast by 9th?

    3) What are the chances of getting a denial based on untimely submission of extension (in this case 6 working days after the H1B expiry) . If that happens , will my I94 be considered invalid from the actual date of expiry. Will this be categorized as illegal stay in the country from the time of I94 expiry till the denial? I am worried if this will impact any future visa applications.

    Your help and advice is highly appreciated.

  • #2
    Hi all, any advise on this issue would be highly appreciated, Thanks again....


    • #3
      Extension should have been filed long back, what took you so long? If you are not working and not getting paid you are out of status. If out of status its going to be difficult to get an extension. Without a valid I-94 you are putting yourself at risk in case your extension gets denied all stay beyond I-94 expiry would be considered illegal. Advisable to leave US before I-94 Expiry or file extension under premium and get result within 15 days so as to reduce out of status and illegal presence after 10-Aug-2012. This is my opinion not legal advice.