How long I can stay in USA after I-94 expired in legal way? I applied for H1/H4 visa

[q1w2e3r4]

Hi Seniors,

I am in USA on L1 visa and I have a I-94 valid till june 2014. But my dependent's I-94 expiry date is july 2013. My visa is also expiring in July 2013 but I can stay till June 2014 on basis of I-94.
I have 3 questions to ask.

1. Can I get my dependents I-94 extension based on my valid I-94 till June 2014?

2. I have applied for H1 visa for FY2014 and I am going to apply for H4 visa for my dependents as well. In such case will they stay here with me for 4 months more till october 2013, till we get H1 and H4 approval?

3. Can my dependents stay here with me if I-94 is not extended, only untill we get H1/H4 visa stamping approval? How long they can stay with me after I-94 expiry date, in a legal way?


Please do answer.

Thank you

[raghvi]

Hi Seniors,

I am in USA on L1 visa and I have a I-94 valid till june 2014. But my dependent's I-94 expiry date is july 2013. My visa is also expiring in July 2013 but I can stay till June 2014 on basis of I-94.
I have 3 questions to ask.

1. Can I get my dependents I-94 extension based on my valid I-94 till June 2014?

2. I have applied for H1 visa for FY2014 and I am going to apply for H4 visa for my dependents as well. In such case will they stay here with me for 4 months more till october 2013, till we get H1 and H4 approval?

3. Can my dependents stay here with me if I-94 is not extended, only untill we get H1/H4 visa stamping approval? How long they can stay with me after I-94 expiry date, in a legal way?


Please do answer.

Thank you

1. Yes.
2. Your dependents H4 will not be valid until their I-94 extension gets approved. It is recommended that you apply for their H4 only after getting the receipt of L2 I-94 extension request.
3. Though I don't see any strong reason why their I-94 extension should be rejected but if their I-94 is not extended then they should leave, and if your H1 is approved, they can return after getting their H4 stamped in their passport.
Technically if extension is filed before I-94 expiry they can stay stay upto 240 days if USCIS doesnt take a decision, but if USCIS rejects I-94 extension, they should leave immediately.

This is my opinion not legal advice.