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I94 Vs Maximum Physical Stay

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Hello Everyone,

This is my first post here, I work for a MNC IT Giant in the US. They have finally decided to apply my Green card, however I am on my last phase of my H1-B Visa and as per I-94 I can stay in the US till Jan 2020.  I entered US in the month of July 2014 and went twice to India [ Vacations ] . 

When I checked with my Visa Team, they have informed me that my Maximum Physical stay is till August 2020 [ As I was out of US for close to 2-3 months ] .


1.  Can I legally stay in the US till August 2020 [ Maximum Physical Stay ]  or Jan 2020 [ I-94 Date ] ? 

2. As the employer has stared the Green card processing and Its still getting reviewed Internally, Assuming If my application is picked for either EB-1 or EB-2 , If I do not get I-140 within my I-94 or MPS , Will the process still continue even after I leave the country ?

In summary - all I wanted to know is when should I leave the country if my Green card doesnt go through - I94 or MPS ?



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I am not sure how the Extension till August 2020 is possible when my H1-B gets expired on 31st Jan 2020. I referred August 2020 being my Maximum Physical stay considering that I was out of US for couple of months.

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Your legal status date currently is Jan 2020. You can recapture any time spent outside the country. If you were out of the US for 2 months total then your H1-b (and I-94) can be extended to March 2020.  You will have to apply for a H1 B extension prior to Jan 2020 to recapture that time or any other time that you will have if you travel between now and 2020. Not sure where the Aug 2020 date is coming from.

You have enough time to clear the PERM and I-140 stages prior to Jan 2020 if the company is actively working on applying now (I-140 can eventually be applied in premium). IF for any reason if any of the stages is denied, then you can legally stay till Jan 2020 plus whatever duration you apply an extension for.


Edited by Ken7

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