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My H1B I-94 was valid till 09 May 2017 and the extension was…

My H1B I-94 was...

My H1B I-94 was valid till 09 May 2017 and the extension was filed on 25 April 2017, but still there it is pending for approval, So I want to make sure that I can stay in US beyond 240 days (After 05 Jan 2018), may be I need to stop working .I have another situation going on my divorce case, that we have trial pending on property division in December and later January, can that be a reason for me to stay in US longer too?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I cannot leave as I have a son times shared , house, property trial pending on divorce, so worried

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Answered in 6 hours by:
11/19/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Since your I-94 has expired it is too late w for you to file for a change of status to B2 to stay in the US to conclude your divorce property division and trial.

You can leave the US and apply for a B2 visa in your home country to come back for divorce proceedings.

You may remain in the US as long as your H1B extension is pending approval in a period of stay authorized by the attorney general even after the 240 days but may not continue to work

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 9 months ago
Thanks for the response. How it could be possible on H1B visa without work after 240 days, as you said I can stay in United States but cannot work, but my understanding is that as soon as I am out of job on H1B I will be out of status also, so after 240 days what would be my status considered? Is that still H1B status? is that something I apply for leaves and on loss of pay or I need to resign from the company (employer) Or Just I do not go to work and take all available paid/approved leaves and additionally if needed loss of pay?

Am I misunderstanding something?

You were terminated while the petition was pending?

Judith

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Customer reply replied 9 months ago
No , as 240 days approaching after I-94 expired, if the case is still pending with USCIS and you said I cannot work but still I can stay in USA and no need to leave the country while waiting for final decision from USCIS, so my question is after 240 days if I am not working at that time (as I cannot work), what would be my status (H1B? I thouht to stay in H1B visa I need to work)?
As after 240 days I cannot work , then do I need to resign from work? or do my employer need to terminate me or I just take leaves and stay home and dont go to work place? after 240 days what would be my status in USA until the USCIS decision?

You do not accrue unlawful presence and you are in a period of stay authorized by the attorney general any time any COS or EOS is requested and pending.

See around page 34-35 of the unlawful presence memo discussing status with pending requests at USCIS.

https://www.nytimes.com/2017/01/12/world/americas/cuba-obama-wet-foot-dry-foot-policy.html

Two different laws, one that allows for extension of work authorization while an H1B ext is pending for up to 240 days.

The other law allows for you to remain here as ever long as it takes to adjudicate your petition or any other pending request until USCIS makes a final determination.

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Since this seems a complex theory to understand we can continue to discuss it for additional fee.

Judith

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I have also offered you a phone call.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 9 months ago
My contact number is(###) ###-####
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Customer reply replied 8 months ago
Thanks Judith, can the status change to B2 be applied while I am in US and I dont have to leave the country in adverse case?

NO your I-94 is expired and you have no status to change.

You are in a period of stay authorized by attorney general, that is not "status", it is just deferred departure unless you get an approval on the pending.

Judith

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