pending H1-B question

zachdee

Registered Users (C)
Hi I am currently filed for an H1-B visa and from what I know the results will come out on October 1st. My I-94 will expire on Sept.14 what should I do? Is it legal for me to stay in the US until the results come out? or should I go back home first?
 
If you are already in H1 status and you have filed for extension you are fine.
(since you already have the receipt)

If your current status is other than an H1 and you have applied for change
of status, and you may have to go back on/before expiry date on your current I-94, then wait for your H1 application to get approved, apply for visa
and enter the US on your new H1 status(and a new I-94) All new H1's would
have a start date from Oct 1 so all this will have to be done after that date.

inqsit
 
I am currently on a B2 visa. You think I should go home first? Is filing for an extension a good alternative? If so, can I use the reason that I am waiting for H1 visa approval?
 
I have zero understanding of B visa requirements so I am sorry
cant help you there.

But the rule is that I-94 dictates your period of stay.

My understanding is that you would have to leave on/before I-94 expiry date
and enter US after your H1 gets approved since your are switching to
H1 status from a non-H visa (H1/H4) status.


Talk to your company lawyer.
 
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