Implications of staying beyond I-94/H1-B expiry

[pvavinash]

Hi,

My I-94, H1-B as well as the H1-petition is going to expire within next 45 days and my employer is yet to apply for extension. Please respond as soon as possible whether it is safe to leave the USA to India after it is expired and before extension is applied for.

If I leave USA before extension is applied and after my I-94 has expired:

1. will there be any issue in getting the visa extended?

2. If I get the visa extended, will there be any issue in getting back into US after extension?

3. Will I have to go to consulate in India for stamping or will I get it stamped when I get the extension approval.

Please reply ASAP!!

Regards,
AP

[Nishant]

If a person overstay beyond 6 months after expiry of I-94, a bar for 3 years is applied during re-entry.

If overstay extends beyond 12 months, the person will be barred for 10 years from entering US when s/he leaves US.