H1B maxout, extension filed


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Hi, need help to answer my h1b visa question, I am currently on my h1b which will maxout in Jan 23rd 2020, my existing extension which was filed on July based on my leaves taken (india trip) got the rfe and rfe response is not yet filed. I have question on this situation:

can I stay in US without work if I don’t get result by 23rd Jan? 
If my extension gets rejected can I stil Stay in US and apply for H4? Is there a grace period by when I should file my h4?

 

 

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Even if your extension is approved it will be mostly likely will be till jan 23rd. I am assuming your i94 is expired. Best thing will be to leave the country by jan 23rd and come back with H4 stamping. You can apply for h4 if you have a valid i94.

Talk to an attorney to see if they have any other recommendations.

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