Visa expiring but H1B extended

[silkroute]

Hello everyone,

I recently got an extension on H1B approved. However, my current visa is expiring in three weeks. I am unable to travel to India (or to any other place)  to get the visa renewed.

1. Is it okay to stay in the US given this situation?

2. I don't have a driver's license. If I applied for a regular state id now will they approve it given that the visa is about to expire? Assuming that they issue a state id, will the expiry date on it be the same as the date of expiry for the visa?

3. Will there be a problem if I took a flight within the US after the expiry of my visa. I usually use the passport as proof of id.  

Thank you

PS: a) Does the electronic I-94 expiry date automatically get updated to the expiry date of the H1B extension?

b) Am I risking "unlawful presence" or a situation of being out of status (OOS) ?

[satya2k1]

Hi,

Visa is only like a gate pass to enter the USA.  As long as you have valid I94, you are good to stay in the USA.  I assume you got an updated I94 with new expiry date with your H1b approval.

1. You are okay to stay in the USA with valid I797.

2. You will get state id or driver's license until the validity date on I94.

3. You can travel within the USA with the valid passport, no need of valid visa.

You are not risking unauthorized stay, if you have an updated I94.  Check the DHS page for your updated electronic I94.