What can happen if I am out-of-status?

I entered US with H1B visa. Filed for H1B extension before the i94 expiry date.
My i94 expired and 240 days have passed.

I understand that I am not allowed to stay in US after 240 days if USCIS has not taken a decision yet.
What will happen if I still stay back here?

Period between i94 expiry and 240 days - Authorized stay or out of status

You are in ‘Out of status’ between your i94 expiry and 240 days limit.
But, your stay is still counted as ‘Period of authorized stay’ by USCIS since they allow to stay in US for up-to 240 days until USCIS takes a decision.

If USCIS denies your application before 240 days have finished, your time limit ends right there and you should leave USA immediately (10-15 days is fine) to avoid accumulating any ‘out of status’ time.

Stay in USA after 240 days of i94 expiry

Your stay in US beyond 240 days will be counted as ‘Unlawful presence’ since you have not received any decision from USCIS.

What can happen with ‘Unlawful presence’?

  1. You can be placed in removal proceedings meaning deportation.

  2. It will be more difficult for you to obtain any future US visa.

  3. It is possible that your H1B visa “stamp” is automatically invalidated.

  4. If you keep staying for more than 180 days, you can be barred for 3 years from coming back, when you actually leave.

  5. If you keep staying for more than 365 days, you can be barred for 10 years from coming back, when you actually leave.