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**raghvi** · 08-14-2014, 06:23 PM

Originally posted by aspenly View Post

Please help!

I came to the US in Feb under B1 Visa, then in Apr a company submitted petition for H1B and change of status for me. They are now both approved, and I got a new I94 from the approval notice.
Then I realized that the H1B status (and new I94) would start from 10/01 (same as all Apr 1st H1B petitions). But my current B1 stay (I-94) will expire soon on Aug 22.
My question:

If I stay in the US without going back to get a new H1B visa, is it legal for me to stay in the period of 8/23-10/01?

I know it's safer to go back to my country and get a fresh H1B stamp. But I'm hoping to save a trip.

Thanks!

Technically your COS to H1 should not have been approved in the first place as you don't have a valid status on 30-Sep-2014. Nonetheless, I would not advise staying on between 8/23- 10/1. You don't have a valid I-94 for that duration, if you don't leave on or before Aug-22-2014 it be recorded as a overstay as well as illegal and can come to haunt you later. Also, if you leave, you need to go for H1 stamping and can return on H1 after getting H1 stamped in passport.

This is my opinion not legal advice.

**mryogik** · 08-15-2014, 10:14 AM

either return and come back or apply for extension if possible

Dont want to scare, but logically it makes sense that after aug 22, there is no status to cover you.
you may try to apply for extension of your B1 (I dont even know if that is possible).

Y

Announcement

B1 to H1B Change Status Approved, but H1B Valid From Date later than Current I94 Exp.

B1 to H1B Change Status Approved, but H1B Valid From Date later than Current I94 Exp.

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Announcement

B1 to H1B Change Status Approved, but H1B Valid From Date later than Current I94 Exp.

B1 to H1B Change Status Approved, but H1B Valid From Date later than Current I94 Exp.

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