Tust326 Posted October 13, 2017 Report Posted October 13, 2017 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 Posted October 13, 2017 Report Posted October 13, 2017 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.
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