H1 extension timing

[jinneebhat]

I am in a severe dilemma. My H1b and I94 expires on Aug end while my wife is pregnant and is due for September end. Am confused as to whether its safer to apply for my H1B extension with premium so as to get the results within my I94 end date or wait for my child to be born and then based on the approval or rejection plan my continuation or withdrawal from US

Please advise.

[wiweq]

Go for PP, and apply now. You will get the results sooner and thus more time to plan. Even though if extension rejects, you will get some grace time to leave the US as you are completing your H1b tenure.

[MAGIC KID]

Hello,

Its not mandatory to apply in premium processing, even if you apply for extension in regular processing you will be fine. According to H-1b rules, you need to apply for extension before your visa expires. For Example if your visa expires on August 10, you need to apply for extension before august 10 and you need to get the receipt/WAC no that your application is in progress. You are allowed to stay and work on pending receipt of extension. If your application is approved you will be fine if its rejected you need to leave the country.

As far as I-94 expiry is concerned, you will get the new I-94 card with new expiry date after your visa is approved.

Hope this helps!

[livliv]

Hello,

Its not mandatory to apply in premium processing, even if you apply for extension in regular processing you will be fine. According to H-1b rules, you need to apply for extension before your visa expires. For Example if your visa expires on August 10, you need to apply for extension before august 10 and you need to get the receipt/WAC no that your application is in progress. You are allowed to stay and work on pending receipt of extension. If your application is approved you will be fine if its rejected you need to leave the country.

As far as I-94 expiry is concerned, you will get the new I-94 card with new expiry date after your visa is approved.

Hope this helps!

The only problem with the above plan is that if extension is denied, your stay beyond the I-94 date is illegal. Consider this while planning for it. You are allowed to pay the premium fee.