Bentonville, AR asked in Immigration Law for Arkansas

Q: Can i stay unlawful or overstay after my i94 expired as i timely file i539 and got receipt before i94 expired?

I placed my h4 extension file on 09/22/2017. I got receipt before my i94 expired. Its pending since 5.5 months. As my i94 expired since 151 days.

1. should i leave country and stamp over home country?

2. Should i stay till decision comes?

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1 Lawyer Answer
Rehim Babaoglu
Rehim Babaoglu
  • Immigration Law Lawyer
  • Memphis, TN

A: It depends on your needs or schedule. If you have to leave, your case may be cancelled depending on the facts in your case. If you can stay until you receive approval, fine. You ought to inquire about the delay 1-800-375-5283, also, check with the immigration attorney who drafted the primary H-1B application.

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