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I-94 expired and Overstay

Cedar Rapids, IA |
Filed under: US visas

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?

Attorney Answers 4


You can remain in the US while the extension request is pending if it was filed timely. You will only start accruing unlawful presence once the request is denied.

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I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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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!

Lalita Haran
13295 Illinois St., Ste. 128
Carmel IN, 46032
Ph: (317) 660-6174

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If you filed the extension request before your status expired you may stay in the US. However, if your status had already expired before you filed the extension, you should leave the US before you reach 180 days, unless you have other options.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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