H1-B extension and H4 Stamping help needed

[mahishanky]

Hi,

I am in US with H1B visa. My current I-94 is expiring on 02 Dec 2012 . My dependents were with me in US and they went back to India for a family function and they are returning back to US(after stamping done) by end of October 2012. Having said that , Can I apply for my H1B extension (premium) once my dependents arrive here i.e., end of October 2012 knowing that our I-94 is expiring on 02 DEC 2012 ? Will it be a problem since by the time I file for H1B extension(premium), I will only have 30 days left in my current I-94

please advice ASAP

- Vijay

[kiran234]

It should not be a problem as you planned to file H1B extension under premium processing.

Who has filed a timely application for an extension of such stay are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision

Note: Legal stay and work autorization are two seperate things. 240 day is only conditional work authorization. Your stay(from i-94 expiration to h1b extension approval) will be legal once your request for H1 B is approved.

So please check with a qualified immigration attorney and your employer about your immigration status if you did not get your H1B extension before current i94 expires

[mahishanky]

Thanks Kiran for your response.