Serious Situation : Need Help

I was on H4 Visa and got selected for H1B for 2016 lottery, for H1B I got a RFE in september 2015 to which my employer responded immediately. My H4 Visa and I 94 got expired on Oct 10 2015, but since my H1B was in pending status my employer after consulting lawyer asked me to stay until final decision.

We got a response on Dec 2015, and in the response H1b was approved but they didn’t provided a new I94, to which my employer again submitted a request for amendment. We got final decision on March 2016 for consular processing.

From Oct 2015 to March 30th I was in US based on pending application and now I have to schedule a visa interview in India.

My question is staying in US since my H1B was in pending status was correct or not? Will this be an issue during my Visa Interview?

Are you sure your H-1 I-129 was filed with COS and not consular processing?

Saurabh, I think the directive for consular processing came because of assumption by USCIS that applicant is no longer in the country. I have seen this happen for few applicants.


Your stay in the US was legal during the entire process. There will be no issues during visa interview. If questioned, just state the reasons but I don’t think you will be asked anything.

Best wishes


I think the issue would be the period she stayed in US after H1 approval. At that point she didn’t have any timely filed extension petition pending. Filing amendment didn’t grant her legal status to stay as her I94 had expired.