I-94 Extension

[kritika 0]

Hi....

Can anyone help me....

I have a query... my I-94 is expiring in the next few days (approx 10 days)... and I will be applying for my extension..

I know its late but got to do it... now before the USCIS decision arrives my I-94 will expire..

Will I be out of status....

Next question is meanwhile I will even file my H1B... will change of status affect after extension...

Will I have problem stamping it...since i have extended my visa and then immediately file for COS...

Should i travel back before my I-94 expires and should I then stamp it back from my hometown and arrive here with fresh H1..

Which would be the safest way and path... as everyone has different opinions..

Can anyone please help me...

[Harsh_77 718]

Personally second option is better.

I am assuming you are talking about extending B1/2 and then changing to H1, if I was in your place I would return back home before my B1/2 expires and when H1 comes thru come back again on new H1.

[kzielu 1,149]

Yes, you will not be out of status if your extension gets approved. If it does not, then you will be overstaying your B-1/B-2 from the time I-94 expired and in this case future H-1B application will certainly be impacted.

[kritika 0]

Thank u so much for ur reply...

However, I also wnat to know if my I-94 expires and till then decision has not arrived then what...

After it gets approved or denied I know the process

however if decision is pending then what..

can you please help me

[Harsh_77 718]

you have 2 outcome of extension approved / rejected....

1 - If approved then you are fine and then they will send you a new I-94 for the period it was extended.

2 - If got rejected you have accured over stay from the day your original I-94 expired.

If you are trying for H1 your overstay would always be a problem for you and it would be very difficult to get any other kind of visa in future.

[kritika 0]

Thanks Harsh....

Just another ambiguity exists...

If I file and get extended and approval comes... then I Change my status to H1 immediately...

Would that cause problem in stamping...

[kritika 0]

d

[Boiler 46,016]

Have you discussed this with the Companies Lawyer handling your case?

[Harsh_77 718]

Thanks Harsh....

Just another ambiguity exists...

If I file and get extended and approval comes... then I Change my status to H1 immediately...

Would that cause problem in stamping...

Honestly from what you are doing could be deemed illegal by CO - this all would be based on CO and the person going thru your application for H1.

If the person going thru your H1 application feels you mis-used your B1/2 and you entered US to look for opportunity he can reject your H1.

In general whole lot of H1s are getting rejected anyways.

If he approves your H1 and you go to consulate to get your H1 stamped CO in embassy could say aahh you went as tourist means your were not suppose to look for work so how did you end up with getting a H1......

To me the waters you are threading are murky and given the economic situation I said in my previous post I would not do anything like you are doing.

I would complete my B1/2 return back to my home country and when H1 comes thru go the H1 stamping as a fresh H1 case.