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My h1b visa expires on jan 13 2010.I 94 expires on Jan 22nd 2010.I am in the process of applying for h1b extension.If i file my h1b extension before jan 22 2010,am i eligible to work as long as application is being processed.can any one throw some light on this.
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Yes. But if the extension gets denied, then your illegal stay starts from the day of your I-94 expiry (Jan 22).Not a legal advice. Use of this information is strictly at your own risk. -
I thought during the processing time it is legal to stay.BUT once application denied ,my illeagal stay starts from the day of denial notice.Comment
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That is not true. If that is the case, everyone would apply for extension on the very last date of the I-94 expiry even if they knew that their extension would get denied or ended up in an RFE (could be for any given reason) and work comfortably without any issues until a decision is made by USCIS.
Also, if the extension gets denied, there is no I-94 given for the duration of the processing time. So the I-94 records in USCIS will still show the last one that was issued to you and closing date on that will be the date you leave the country. So any time between that I-94 expiry and the date of exit will be counted as illegal stay.
Originally posted by rayan_b View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
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