Help - Expired I-94 - Illegal days?


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I just checked my I-94 record online and I just realized it expired a while ago. Here's my situation and I'm hoping that I'm not accumulating illegal days.


I-94 expiration: 9/17/2015

I-797 expiration: 9/17/2015

I-797 renewal application: 8/18/2015

H1-B Visa expiration: 5/30/2014


I'm waiting on the work permit renewal to cross the border and get restamped but I haven't been able to do that as I'm waiting for my renewal to come through. So, the biggest question - am I illegal/out-of-status? If so, what's my best course of action?


Any help would be appreciated!

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You are fine, your renewal application was sent before I94 got expired.



Does your new H1 797 has I94 with it or not? If yes then you should be safe.



You have 8 months from expiry of I94 for the extension to be approved. During this time you can keep on working. You are legal.



You are OK (assuming of course that your H1B extension was not a frivolous application). With a pending extension application, you are good to continue to work for 240 days after 9/17/2015.



Also keep in mind that once your extension gets approved, the online I94 date will NOT get updated. You will then rely on the I94 date that will be on the I797A form.



Oops, I was wrong.

You are legal up to 240 days after the I-94 expiration due to the pending H1 extension.


Thanks, all! I wanted some reassurance 'coz I wasn't entirely clear about the 240-day rule. 

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