What if I file for an extension of stay on time but I-94 expires before decision is made by USCIS?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Are you legally here?
Oddly, the answer is no and yes.As a matter of law, even if you timely filed application, when I-94 expires, you are considered out of status and your visa is void as well. Once you are out of the country, you will not be admitted.
However, if you return, you will not be considered having accurred unlawful stay, which means Generally, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status.
240 day ruleStrangely enough, although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. This is called 240 days rule. You may be required to stop working immediately when the first of the following events occurs:• 240 days elapses from the date your I-94 expires; or • USCIS has made a final decision denying your extension application.
SummaryFor details, you are more than welcome to contact us at 954 892 5517 or visit our website on www.lindaliangandassociates.com