H1 applied, meanwhile I94 got expired.

S

SafeNH

Registered Users (C)
Hi,
I have applied for my H1 transfer in Jan 2003. I am still waiting for my H1 approval, meanwhile my I94 got expired last week. Following are my questions.
1. Am I legally allowed to stay until I hear from BCIS though my I94 is expired.
2. If my H1 get approved do I still need to get my Visa Stamped as I will have I94 along with the I129.
3. Suppose BCIS approves my H1 and asks me to get the visa stamped in home country, how many days am I allowed to stay in US before I go to home country to get my visa stamped.

I appreciate your help in advance.

Regards!
 
Hi,
I have applied for my H1 transfer in Jan 2003. I am still waiting for my H1 approval, meanwhile my I94 got expired last week. Following are my questions.
1. Am I legally allowed to stay until I hear from BCIS though my I94 is expired.
2. If my H1 get approved do I still need to get my Visa Stamped as I will have I94 along with the I129.
3. Suppose BCIS approves my H1 and asks me to get the visa stamped in home country, how many days am I allowed to stay in US before I go to home country to get my visa stamped.

I appreciate your help in advance.

1. You are legally allowed to stay while your h1 transfer is pending.

2. If you have a valid visa stamp, you do not need a new stamp. Even if your stamp has expired, you can get a new stamp either in your home country or at Dept of State's visa office in the US. Your stay in US is governed by the new I-94 , not by the visa. You need stamp only while returning to US after a trip abroad.

3. BCIS will NOT ask you to get a visa stamp. It is upto you. See item 2.
 
my I 94 was expired last yr in may, however my petition was pending for new H1 (b1 to h1).
i got a approval notice and a denial notice for change of status last week.
petition says to get the visa stamped in the home country.

what is the risk factor now

am i out of status or illegal now ??
what should i do ??
 
Since you did not get a new i94, you are out of status.

Did you apply for new h1 ? (before your i94 expired ???)

Leave usa to get new stamping & i94.

Meow
 
Originally posted by meowmeow
Since you did not get a new i94, you are out of status.

Did you apply for new h1 ? (before your i94 expired ???)

Leave usa to get new stamping & i94.

Meow
Click to expand...

am i out of status from the day of denial or the date of expiration of my I94 ?
 
Re: Re: H1 applied, meanwhile I94 got expired.

Hi I saw your message and since I also apply on Jan 03 for H1 and still waiting. I just would like to know if you have got your approval or still waiting.

Thanks
 
Can you post your expereince?

Originally posted by neil424
i got it stamped at mumbai consulate

all went well
Click to expand...

Congrats!!!

Did you apply thorugh drop box service?? where did you give your application, also whaty docuements did u submit??

Please post your expereince in detail.

Thanks in advance
 
Re: Can you post your expereince?

Originally posted by humhogekaamyaab
Congrats!!!

Did you apply thorugh drop box service?? where did you give your application, also whaty docuements did u submit??

Please post your expereince in detail.

Thanks in advance
Click to expand...

it was my first h1 so i was not eligible for drop box. i had to go for interview and then, i got my PP in courier. Mumbai
 
You must log in or register to reply here.
Top