H1B and I-94 has been Expired


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My/dependent current H1B/H4 VISA and I94 have been expired on 30-Dec-2013. Current employer - has already filed for extension on 7-Nov-2013 and I have a copy of the receipt. Status: Initial Review

My question is:


1) May I legally allowed to stay in the U.S for 240 days from my new petition/ext filed date 7-Nov-2013?

2) Can the new employer - file for H1B transfer after 30-Dec-2013(after my I94 and Visa expired) using a copy of receipt of my current H1b extension petition? Do I need to go out of USA once i get my transfer/extension done with new employer - or I'll have my new I-94 with extended period and i need not to go out for stamping processing and my current employer's petition ext will be automatically declined and it would never effect the new employment in future. (I assume new employer will file visa transfer + petition ext and it will not having any dependency with my current employer's application)

3) To avoid all this confusion should i wait till my current pending extension with current employer and once i get all my papers then only transfer to new employer . Or I need not to worry and transfer my VISA based on receipt of extension.

Please advice...

I appreciate your answers.

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  • 2 weeks later...

Any stay beyond the date stipulated in the I-94 is risky business - but that's when you begin to accrue illegal stay, and it's worse than being out of status. You really should be consulting a lawyer on your best option.


One of the things you could do is leave the country as soon as possible, wait for the approval, get the visa stamped and re-enter. The longer you stay beyond your approved I-94 without clarity on its effect on your future applications, the worse you will make it for yourself.

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