I-94 expired n I-129 pending is my stay legal

Question

I-94 expired n I-129 pending is my stay legal

Anonymous Jan 8, 2015 2 views 2 answers

Hi I am on h1 visa here and it expired in October 2014 but my employer filed for extension before that and it's pending with RFE. My question is if the petition for extension gets denied will my stay here from October onwards be legal or illegal? And if they deny it will uscis grant me sometime to pack up n leave for my home country. Thanks

Adan Vega · Accepted Answer · 2026-06-15T13:05:53+00:00

If the FORM I-129H was timely filed, you remain in lawful status. If the FORM I-129 is denied you will be out of status and will need to depart the U.S. Keep in mind that you have no grace period to leave the U.S.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Accepted Answer · 2026-06-15T13:05:53+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

Yes, your stay will be considered authorized and you will not accrue unlawful presence during that time. See below.

0 upvotes

I-94 expired n I-129 pending is my stay legal

Attorney Answers

Browse by Practice Area

Browse by State