I just found yesterday that my H4 visa & I-94 has expired on Aug 19, 2012. We have applied for an extension with I-539 but have not received any reply yet. The 180 days period is approaching in next two weeks.
Can we continue to wait for the decision above 180 days or it is better to leave the country before the 180 days period is over? what will be the consequences in both options? Is there any other better solution to such case?
You are incurring unlawful presence. You could leave to reenter and ave to convince the consulate to obtain a visa. Beware of the possible Bar on reentry. Please seek consultation with an attorney. Best Wishes!
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