How many days we can stay in usa after applying H1B visa extension

USA H1B Visa
1

Hi,

I have 2 visas B1 and H1B. Earlier I traveled on B1 in June 2010 . After that I got H1B visa on Aug 2011 and since then I have not travelled to USA.

I am travelling to USA again in next week ( Feb 2013) on H1B and my H1B visa is valid till sept 2013. My company will apply for my H1B extension in March 2013 ( 6 months prior to visa expiry ).

My questions are :-

  1. How many days or months I can stay in USA after my H1B expiry ?

  2. Suppose I get I-94 for one more year means till feb 2014 and extension is for 1 year means till Sept 2014 , when I should come for stamping of H1B extension in India ?

  3. Suppose I get extension for 1 year means till sep 2014 and I-94 for 2 years means till feb 2015 , when I should come for stamping of H1B extension in India ?

  4. At what types questions I can expect on port of entry ?

2

  1. You can stay for at most 240 days beyond the I-94 expiration date. I-94 date is typically same as petition expiration date. If the H-1 extension gets denied and I-94 has already expired, then you are required to leave US ASAP.

  2. You are not required to come for stamping and can delay it until your next trip outside US. As long as you continue to stay inside US, no stamping is required. However, next time you travel outside US after your current visa stamp has expired, you should appear for visa stamping.

  3. I-94 dates are always in sync w/ 797. They will not issue I-94 for 2 years when petition is for just 1 year

  4. Questions about employer, job, location, duties, role/profile, client/project, manager etc.

3

Thanks for reply and valuable information.I need one more clarification regarding this…
Suppose after my H1 extension is filed , I got I -94 extension.

  1. I can stay in USA and filed for another H1 extension and no need to come for stamping in India. For how many year I can do this ?
    OR
  2. I can stay in USA for 240 days beyond the I-94 expiration date and need to come for stamping in India.
4
  1. As long as you continue to get 797 w/ I-94 extended.
  2. If you have filed for extension and it remains pending, then you can stay up to 240 days beyond I-94 expiration date. Once 240 days elapse, and your H-1 extension is still pending, then you need to leave US and wait for the outcome in your home country. If the extension petition gets denied, then you need to leave US ASAP.
5

my question is similar my h1b extension was denied and i applied for mtr mean while i need to stay about 175 days in us so now again after 3 years i got my h1b approved
so my question is will i have to face any problem during visa stamping present iam in third country
any early answers will be appreciated
Thank you