QUESTION
Can I stay in the US past my I-94 expiration?
Asked on Jan 07th, 2014 on Immigration - California
More details to this question:
I am currently in the US on H1-B and my I-94 expires mid-March 2014. I have a Green Card application in process, but am not sure if my EAD will arrive before the I-94 expiration. My question is - Do I have to leave the country or is there a way I can extend my stay beyond the I-94 expiration?
2 ANSWERS
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You need to file for an H1B extension.
Answered on Jan 08th, 2014 at 4:55 PM
Upon filing a proper Application for Adjustment of Status, the applicant attains a new status - that of applicant for permanent residency - and this entitles the applicant to remain in the U.S. while his/her case is pending notwithstanding the expiration of a previous non-immigrant visa or expiration of the time shown on Form I-94. That new status, by itself, however does not authorize the person to be employed, and instead he/she must wait until an Employment Authorization Document is received - usually within 60-90 days of filing.
Answered on Jan 08th, 2014 at 4:55 PM