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H1B extension: I 94 expiring on 30 Jan

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. 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.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. 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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  5. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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