kavsom Posted March 4, 2015 Report Share Posted March 4, 2015 Hi I am a previous H1b holder, changed to h4 due to health issues. I am currently on h4. It will be expiring soon.(March 11) I got an offer and the company wants to apply for H1b. They are ready to send out the packet in a day or two My question is : Is my stay legal for the days between my I94 expiration date (march 11) and h1b approval ( say march 30,based on minimum days for premium process), if i receive the H1b receipt before my I94 expires?? In short, is it legal to stay with h1b receipt when h4 expires?? I am hesitating to apply h4 ext simultaneously becoz if my H4 approved after h1b..then i will be back to h4. Also I cant stay till h4 extension is approved and then apply for h1b,as it takes about 2 months (nopremium option for h4 ext).offer can wait only for a month may be....they are not willing to wait longer... These are the reasons why i need to apply for h1b first..Please answer or any other suggestions are also appreciated. Thanks Link to comment
jairichi Posted March 4, 2015 Report Share Posted March 4, 2015 If H1B petition was received by USCIS and acknowledged by them before your H4 I94 expiry then you are fine. A day or two late is also fine. Link to comment
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