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Group: Forum Members
Last Login: 10/6/2011 3:49:11 AM
Posts: 1,
Visits: 6
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Hi,
My H1-B expired on Oct1 2011. My I-94 end date is Oct 10.
My company is yet to file my extension since the LCA is still with the department of labour. In case the company is not able to file the visa extension by Oct10, how long can i stay? THey should be filing the extension on the day they receive the LCA. It might be a few days after my I-94 expiry. Should i leave on 10th Oct itself or can i stay?
Kindly help.
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Post #5266
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Group: Administrators
Last Login: 11/16/2011 12:57:18 AM
Posts: 1,107,
Visits: 949
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There really isn't a grace period built in. Once your visa expires you should leave. For that reason I would suggest that you start pressing for an extension as quickly as possible.
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Post #5281
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Group: Forum Members
Last Login: 10/17/2012 8:30:24 PM
Posts: 484,
Visits: 6,029
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If you stay longer than what the DHS has permitted you to stay, you are considered an “overstay.”
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Post #5284
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Group: Forum Members
Last Login: 8/22/2012 4:25:10 PM
Posts: 805,
Visits: 1,072
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If you didn't overstay by 180 days or more, it shouldn't trigger any automatic ineligibility. That doesn't mean that you are guaranteed entry into the U.S., or won't be asked about the overstay if you try to enter. Due to your overstay, you should expect that you have to obtain a visa for future visits.
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Post #5307
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Group: Administrators
Last Login: 11/16/2011 12:57:18 AM
Posts: 1,107,
Visits: 949
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Yes, the 180 days is unfortunately somewhat shakey. It won't stop you coming here, but can make it a little harder to get future visas as you didn't play by the rules.
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Post #5333
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Group: Forum Members
Last Login: 10/31/2011 9:35:21 PM
Posts: 8,
Visits: 4
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Would being here beyond the date of an I-94 be an overstay too, even though you have a visa that is in date? In this case I have an L1 visa that is still valid.
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Post #5656
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Group: Forum Members
Last Login: 2/28/2012 9:15:41 PM
Posts: 510,
Visits: 141
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George12 (10/6/2011)
Hi,
My H1-B expired on Oct1 2011. My I-94 end date is Oct 10.
My company is yet to file my extension since the LCA is still with the department of labour. In case the company is not able to file the visa extension by Oct10, how long can i stay? THey should be filing the extension on the day they receive the LCA. It might be a few days after my I-94 expiry. Should i leave on 10th Oct itself or can i stay?
Kindly help.
Hi there,
You can only stay for extra time if you have an extension. If not, you will be deported or even penalized your immigration status.
“US Passport Renewal - Green Card Application"
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Post #5666
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Group: Forum Members
Last Login: 1/5/2012 12:45:48 AM
Posts: 201,
Visits: 106
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If you still have your I-94 after you depart, then it is the foreign national’s responsibility to correct the matter. To do so, the person is required to complete the back of the I-94 or I-94W card, listing the port and date of departure from the United States and the carrier/flight information. The I-94 or I-94W, along with a letter of explanation and evidence of your departure (see below for examples) from the U.S., should be sent to:
I 751 Forms, US Visa Application, US Visa Extension, I 539 Forms
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Post #5733
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Group: Administrators
Last Login: 11/16/2011 12:57:18 AM
Posts: 1,107,
Visits: 949
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Evidence of departure is usually pretty easy to provide, with proof of airline tickets and so on counting, even pay stubs from when you return to work.
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Post #5738
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Group: Forum Members
Last Login: 1/31/2012 9:42:13 AM
Posts: 1,
Visits: 4
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This is actually not a reply but a related question. Last March I was in the US with my wife, upon return to our country we noticed we still had our I-94 forms. I followed the instructions on the inmigration direct site and mailed them in July (way before I-94 expiry date). Is there a way (website/phone number) to verify if the INS received our I-94 forms. I need to travel to the US soon and I would not like to have any problems. Thanks in advance for your replies.
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Post #7076
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