Valid I-94 expired I-797


chandanthour

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Posted

Hi Experts,

I am in situation where my I797 has got expired in Mar, 2013 but I94 is valid till October, 2013.

What I understand is that in such situation I can stay here but cannot work, however being on H1-B , I would have to apply for a new visa through counsellar notification which may take anywhere from 3 weeks to 3 months with RFE.

I need to understand my option in this situation and how long can I stay in US without work? Any advise will be really appericiated.

Thanks

Posted

Based on a non frivolous extension application filed before the current I94 expires you are allowed 240 days of work based on the pending application. Why are you assuming things? What is the status of the H1 extension?

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