回复:请教PIJIANG老师, H4 Extension 期间离境,超过原I-94的时间算非法停留吗?

拜读你的博客了,有律师说我必须等到批准才可离境。
- False

If the new H-1B EOS has already been approved, you may use it for H-4 visa application and be granted the same stay upon admission. In such case, you may discard your pending H-4 EOS.

If you return before the original H-1B expiration and the new H-1B EOS is yet approved, same as above but you get a shorter I-94. In this case, you count on your pending H-4 to extend your stay.

Upon your return, if original H-1B expired and H-1B EOS is pending, you may incur problem in admission.

但我必须在2周内回大陆。原I-94过期到我离境的时间算非法停留吗?
- You are in authorized stay, even beyond I-94 expiration as long as EOS has been filled in prior.

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