I94 expiry and pending H1B extension


Luther

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Hello ,

My sister’s visa is expiring on December 31st 2020 and her I94 is expiring on Jan 10th 2021 .
Her extension is pending from USCIS .
Since she works for a consulting company ( Kforce) , she will not be paid from Jan 1st because she does not have a project / client from Jan1st .

Does she have to exit the country before Jan 10th ( i94 expiry )?

Her employer will inform USCIS on Jan 1st that she will be unpaid from Jan 1st .
Since there is no valid visa , extension is pending and no salary from Jan 1st

It’s not clear whether she has to leave the country or can she stay back because the extension is still pending .

Please advice !

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On 12/21/2020 at 1:34 PM, Luther said:

Hello ,

My sister’s visa is expiring on December 31st 2020 and her I94 is expiring on Jan 10th 2021 .
Her extension is pending from USCIS .
Since she works for a consulting company ( Kforce) , she will not be paid from Jan 1st because she does not have a project / client from Jan1st .

Does she have to exit the country before Jan 10th ( i94 expiry )?

Her employer will inform USCIS on Jan 1st that she will be unpaid from Jan 1st .
Since there is no valid visa , extension is pending and no salary from Jan 1st

It’s not clear whether she has to leave the country or can she stay back because the extension is still pending .

Please advice !

Can you find another employer asap and file her transfer + extension before Jan 10th, 2021?

Edited by Zodiac System
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