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Posted on 23 Aug 2010
Q.

I-94 dates and overstay

My wife works for a university on H1B visa, I am soon going to be a US citizen.

Her first H1B approval notice has validity from 05/01/2007 until 04/30/2010. And same dates are stamped on I-94 (perforated piece in lower left corner) attached to the approval notice.

She entered the US using this H1B in December 2007 and CBP stamped I-94 departure record with admitted until date of 03/10/2010.

Her employer filed for H1B renewal/extension on 03/24/2010 and it is still pending.

Had my wife already started accumulating illegal stay on 03/10/2010 onwards because H1B extension wasn't filed until 03/24/2010? And does the fact that her H1B is still pending still makes her legal, even when H1B extension was filed 14 days after 03/10/2010?

User's Location: Redmond, Washington, United States of America
Category: H1B Visa (Work Visa)
Posted on 23 Aug 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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