H1 B Extension how long can stay ?

[rk1234]

Seniors,
I want to know about H1 extension. If some one apply for H1 extension , his h1 is about to expire but still not get any reply from USCIS VSC can he stay in USA till he get reply or approval from USCIS ? Please reply this. I will be very thankful to you.

[kabkaba]

One can stay and work up to 240 days past the I-94 expiry if USCIS receipt date for the extension petition is before the I-94 expiry date. Has your employer received a receipt for their extension petition?

[shervin143]

If the extension gets denied, then any time spend in U.S after the I-94 expiry date will be treated as illegal stay. If you stay illegally for more than 180 days, you will get a 3 year ban. If you stay for more than 365 days, then you will get 10 year ban. Also, illegal stay will cause a lot of issues with future immigration process. It is advisable to upgrade the case to prermium and get the result within 15 days. If it is more than 90 days past the receipt date, then the employer/attorney can take an infopass appointment with USCIS to discuss the progress of your case.

[rk1234]

Thanks

Thanks

If the extension gets denied, then any time spend in U.S after the I-94 expiry date will be treated as illegal stay. If you stay illegally for more than 180 days, you will get a 3 year ban. If you stay for more than 365 days, then you will get 10 year ban. Also, illegal stay will cause a lot of issues with future immigration process. It is advisable to upgrade the case to prermium and get the result within 15 days. If it is more than 90 days past the receipt date, then the employer/attorney can take an infopass appointment with USCIS to discuss the progress of your case.