overstaying visa

h1k1f1

Member

Join Date: Oct 2010

Posts: 15
- Share
- Tweet
#1

overstaying visa

10-20-2010, 12:32 PM

Hi,
I have an expired US H1B visa and a valid I-94 that does not expire until a year from now. Is that by any chance "overstaying my visa". Am I legal to continue staying?

Thanks,
Tags: overstay, visa expiration
abhayg4

Member

Join Date: Oct 2007

Posts: 356
- Share
- Tweet
#2

10-20-2010, 12:36 PM

Hi OP,

Visa is just for entering US .
Your legal stay in US is determined by I-94 .

So as long as you have unexpired I-94 and Authorized petition (like I-797) to work you are absolutely fine.

Make sure that you file for an extension before your I-94 expires (which you can do 6 months in advance)

Thanks and regards,
Abhay
Comment

Announcement