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My visa will expire next month, the extension will be approved after it expires. is there any chance that i can stay US legal?

Seattle, WA |

The big problem: my wife is in a pregnancy at 34-week when our visa expire.

Attorney Answers 4


  1. It doesn't matter when you "visa" expires, only when your "I-94" expires. If you need more time, you can apply for an extension (which it seems that you have done).

    Please see

    (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.


  2. If you timely filed for an extension of stay, you can remain in the US until USCIS makes its decision.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. As long as your H1B visa extension is filed before your I-94 expires you can work and stay in the US legally.

    You may want to consider premium processing for your H-1B extension. Premium processing gets your application expedited but it is costly.

    Talk to an immigration attorney about your options.

    Good Luck and Congratulations on your soon-to-arrive baby!

    The above answer is for informational purposes only. It does not constitute an attorney-client relationship. You can reach me at zainab@avernalegal.com


  4. I agree with the other attorneys. The I-94 is more important than the visa in this case and you can lawfully stay while you await the decision.

    Andre Olivie
    Seattle Immigration Lawyer
    www.olivielaw.com
    (206) 724-1940

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.