Can I stay past I-94 validity while H1B transfer in process. Currently out of status.

[Tust326]

Hello 

I am currently out of status (past 60 days grace period) and I-94 expires Feb 04 2018. Found a new employer  and hopefully will send application package to uscis next week. With the current process time its taking around 5-6 months. Following are my questions:

1. Can I stay past my I-94 expiration date while the H1b transfer is in process?  

2. Since I am out of status, could there be an administrative process when I go for visa stamping?

3. For my wife's H4, i was going to send the package myself instead of going thru the lawyer to save some money. I know I have to wait until I get the H1B receipt number to fill out the H4 (I-539) form. Since we are out of status, is it require to send the H4 package along with the H1B package? 

I appreciate for your time.

Thank you

 

 

 

[Chai]

1. Technically no however, being out of status for 1 day or 100 days means the same thing. It's your decision when to depart. 

2. In order to avoid administrative process, you MUST choose the same consulate to get H1-B stamping where you have had obtained your previous H1-B. If you do so, you are eligible for interview waiver aka drop- off service as long as previous H1-B has not expired in last 12 months. 

3. Highly recommended that you send both applications together with Premium Processing. Finances should be secondary at this stage.