stayback in US while H1B is applied (I-94 expired)


My VISA (L1B) is expired on 4-OCT-2012 and I-94 is valid till 30-APRIL-2013.

If I apply for H1B in the month of April-2013 for FY2014,

  1. can I work in US till my H1B gets approved?

  2. If I travel to India on current I-94 expiry (i.e.30-April-2013) and H1B for FY2014 is applied then can I travel back to US before Oct-2013. Will premium processing help in this case?

Appreciate your response!!!


If your VISA is expired, you are no longer eligible to work but you can stay in US as long as your I-94 is valid without working. Once your I-94 is expired, you have to leave the country.

  1. You cannot work on H1b until it gets approved.

  2. No you cannot travel back.

Hey Ram,

He cannot continue his work till Oct 1st even if H1 is approved in premium processing right? As, H1 authorizes to start working from Oct 1st.

I think he can work untill his I-94 is valid… But cannot re-enter the country as his visa has expired.

H1 & L1 are the only work visa, rest all of them are only permits to stay in US at your own expense. Any person can work on expired Visa and just on I-94 only when their work visa is under process of extension.

It will be illegal to work when H1 is under process unless you already have prior visas such as L1 or H1.