What is my status between i94 expiry and H1B transfer denial?

(Anonymous) #1

Hi Anil,

Please help me out in my situation
My I94 expires on 03/21/2019
My current visa H1B expires 03/21/2019
My new Visa H1B I have applied on 09/19/2018 and I have already started working with new employer, but still I have not got any update from USCIS.

My question is if

  1. I continue to work after 03/21/2018 and later on if I get rejection what will be my status from 03/21/2019 to date I get rejection.

  2. What are my options, any suggestion. I can switch to H4 but I don’t want to loose my H1B.

(Anil Gupta) #2

Status between i94 expiry and H1B Transfer denial

Your status from i94 expiry date to date of transfer denial will be ‘period of authorized stay’.

The status will be ‘unlawful presence’ starting the date of denial.

Changing status to H4 after H1B Transfer from outside US is possible

Once your H1B is denied after i94 expiry, you cannot stay in USA.
You should leave USA and then apply for H4 visa and re-enter USA if you want to convert to H4.