boilerdam Posted March 30, 2016 Report Share Posted March 30, 2016 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! Link to comment
rohang Posted March 30, 2016 Report Share Posted March 30, 2016 You are fine, your renewal application was sent before I94 got expired. Link to comment
rahul412 Posted March 30, 2016 Report Share Posted March 30, 2016 Does your new H1 797 has I94 with it or not? If yes then you should be safe. Link to comment
pontevecchio Posted March 30, 2016 Report Share Posted March 30, 2016 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. Link to comment
JoeF Posted March 30, 2016 Report Share Posted March 30, 2016 You are overstaying, and if it is over 180 days, you would have a 3-year ban of entry. Discuss your situation with a good immigration lawyer BEFORE traveling abroad. Link to comment
rksingh Posted March 31, 2016 Report Share Posted March 31, 2016 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. Link to comment
rksingh Posted March 31, 2016 Report Share Posted March 31, 2016 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. Link to comment
JoeF Posted March 31, 2016 Report Share Posted March 31, 2016 Oops, I was wrong. You are legal up to 240 days after the I-94 expiration due to the pending H1 extension. Link to comment
boilerdam Posted April 4, 2016 Author Report Share Posted April 4, 2016 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. Link to comment
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