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

Asked over 2 years ago - Seattle, WA

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

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Andre R. Olivie

    Contributor Level 18


    Lawyer agrees

    Answered . 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
    (206) 724-1940

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  4. Zainab Mustafa Boxwala

    Contributor Level 8


    Lawyer agrees

    Answered . 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... more

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