H1b visa?

[cestlavie]

Can my mom still get a h1b visa
she hasn't overstayed her tourist visa, but she did overstayed the ammount of days they gave her

[kitkat1]

The duration of stay on the I-94 (received upon entry) determines the legal length of stay -- NOT the expiration date on the visa. She should consult with a qualified immigration attorney NOW.


The length of time that a worker can have an H1B visa is usually an initial period of up to three years. The initial H1B visa can then be extended one time for up to a combined total of six years.

I-94 card
As an immigrant, when you arrive in the U.S., an arrival/departure record card is issued and placed in your passport next to your visa. This is called an I-94 card that permits a foreigner to be in the U.S. (as opposed to visa that provides the right to travel in and out of the U.S. in a certain status, eg. H1B visa status). The U.S. immigration official at the U.S. port of entry will review the foreigner’s immigration documents (eg. H1B visa) and stamp the I-94 card with an expiry date consistent with the visa expiry. It should be noted that the immigration official has the power to limit a foreigner’s stay irrespective of the visa expiration