H4 Visa and I94 expiry.


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I am currently on H4 status. My husband's I797 was expired on 31st Dec 2019. He applied for an H1 extension and H1 transfer same time with a new employer on Dec 26 2019 which is before his I797 expiry. 
Unfortunately his new employer's lawyer messed up filling my H4 extension same time which I came to know today and after talking to the company's lawyer she says me to leave the country immediatley as I am on illegal status. Do I fall under illegal status or is there any grace period for me? 
My I94 expired on Jan 10 ,2020. 
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  • 2 weeks later...

There is unfortunately no grace period after the expiration of an I-94 card. However, a departure from the USA with less than 180 days does not trigger any bars to issuance of the visa. One who departs the USA in this fact pattern can explain the reason for the unlawful presence in the DS160 that is submitted when one is able to apply for the new H4 visa stamp.

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