Petition for Extension of Stay after I-94 expiry

[shareviews]

I-94s Expires for me and my dependents. Petition is not filed for extension of stay till last day of I-94 expiry. Will there be any issues if our Attorney files after I-94s expire? I am H1-B and my dependents are on H4.

[theshiningsun]

u r not supposed to remain in US beyond ur I-94 expiry.

[sudhamsh]

You will be treated as over stay if your I-94 expires unless a process is pending with USCIS. Better to apply before it expires and make sure that there is a gap of 2-3 months between applying and expire so that you can get the approval in time. If you over stay even for one day, you might need to exit the country, get a new stamping and enter again. Discuss with your attorney in detail.