H1 transfer denied, H4 I94 expired. Reapplying for H1, can I stay in US till approval?

[snuppy25]

Hi,

  My Husband applied for a H1 transfer and got denied last week and our I-94 got expired on Oct 1st 2015. He has a new job now and is reapplying for his H1 with the new employer. Since my visa status is in jeopardy now, what should I do? How long can i stay in the US and can I apply for H4 along with my husband's H1 ?

Please suggest......

 

Thanks,

Radha

[jairichi]

Both you and your husband's stay is illegal from the date of denial. Even if H1B & H4 petition are approved it will be without I94.

[rahul412]

Currently, you both are out of status. Get your H1 ASAP, in worst case you might have to cross the border and enter with new I94 after H1 approval.

[jairichi]

Currently, you both are out of status. Get your H1 ASAP, in worst case you might have to cross the border and enter with new I94 after H1 approval.

Not just out of status but illegal presence as I94 has already expired.

[snuppy25]

Thanks for your responses.

Do we get any grace period to leave the country? 

[jairichi]

Thanks for your responses.

Do we get any grace period to leave the country? 

Actually there is no grace period.

[rahul412]

Not just out of status but illegal presence as I94 has already expired.

what's the difference?