H1B extension: I 94 expiring on 30 Jan

Asked almost 2 years ago - Charlotte, NC

Hi,

My 194 is expiring on 30 Jan, my employer had filed the extension but received the RFE at the same time.. they are preparing the response for the same and would be responding back within the stipulated timeline.

Could you please confirm, if I can stay in the US after 30 Jan as I have not received any receipt no as of now?
If I can stay, do I need to ensure anything from my side to make my stay legal?

Thanks in anticipation

AB

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered . I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Robert Louis Brown

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . If you have filed for an extension you (your employer or attorney) should have received a filing receipt before an RFE was issued. Once the extension is filed you are permitted to remain in the US until a decision is reached.

  3. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Although you can not travel internationally ... the H is automatically extended for up-to 240 days ... don't worry ... keep in touch with the employer's immigration lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

    Answered . I agree with answers provided by both of my colleagues. Keep in touch with your employer's immigration lawyer. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with F.J. Once extension is timely filed, you can stay. However you can work on H-1B for only 240 days after expiration of previous petition.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,709 answers this week

3,002 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,709 answers this week

3,002 attorneys answering