QUESTION
Can I stay beyond I-94 date if H1B is in process?
Asked on Jun 18th, 2012 on Immigration - Texas
More details to this question:
My B1/B2 visa I-94 expires in July. My future employer applied for an H1B earlier this month. We received a receipt number from USCIS but not final answer. May I continue to stay in US while my H1B is in process with USCIS?
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You cannot go out of status.
Answered on Jun 28th, 2012 at 5:45 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Not likely. If the start date of the H1b is October 1st for the new quota, you will need to leave the US. You should confirm with the employer/attorney on how they applied.
Answered on Jun 27th, 2012 at 4:49 PM
You cannot remain in the U.S. past July unless the start date of the H-1B employment dates prior to the expiration of your I-94.
Answered on Jun 27th, 2012 at 2:47 PM
You can stay beyond the expiration of your I-94 if the H-1b visa petition was timely filed. However, even when the H-1B visa petition is approved, it will not be approved as a change of status since your status will terminate at the end of July and the H-1B can only become valid on October 1, 2012. Therefore, there is a gap and you will need to go for consular processing in your home country for the H-1B visa anyway.
Answered on Jun 26th, 2012 at 7:02 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Not usually. You would need to obtain an extension. Even though your B2 may expire well into the future, the i94 specifies the maximum allowable stay per given entry. As approval of the H visa isn't a foregone conclusion any period over the i94 date would be considered a impermissible "overstay", making future entry difficult.
Answered on Jun 26th, 2012 at 4:38 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You will be considered in status during the pendency of the application.
Answered on Jun 26th, 2012 at 4:02 PM