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Legal end date - i94 or Visa validity?

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My current i-94 end date is October 3rd,2017 and my visa is valid till Sep 23rd, 2017.

I have 59 days to recapture before i max out which were not claimed in my previous H1B extension filing.

My PERM application received an audit and i cannot extend my stay beyond the current end date


What would be my legal end date : Sep 23rd (visa expiry) or Oct 3rd (i-94 expiry)  till which i can stay before i move out of the country.

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It looks like they gave you the 10 day grace period after the end of the H1 term.

You can stay until the end of the I-94, but tou can not work past the end of the H1 validity.

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