Need to exit

[Edz2780]

My PD is 12/21/17. Unfortunately, until now there’s no decision yet. I’m still waiting. 

My H1B status (i’m on my 10th year due to a BALCA case which got denied on July 2017) expires on June 29th with no chance to recapture, but my I94 has a grace period which expires on July 9th.

There is a big possibility that I need to exit due to time constraints. PERM approval, I140, and H1B extension.

I already purchased plane tickets for me and Family. The date I chose was JUly 4th. Is this going to be a problem? Should I exit before my H1B status expires or can I exit after as long as it’s before my I94 expiration?

I hope someone can answer my concern. Thanks

[pontevecchio]

Leaving on JULY,4 will not matter. Your H1 status expires when the I94 expires which is July, 9.

[JoeF]

3 hours ago, pontevecchio said:

Leaving on JULY,4 will not matter. Your H1 status expires when the I94 expires which is July, 9.

Actually, the H1 expires on June 29. That's the last day the OP can work. There is an automatic 10 day grace period when an H1 expires, so the OP is legal until the I-94 expiration, 10 days after the work authorization expires.

Leaving on July 4 is perfectly ok, the OP should just ensure that he doesn't work past June 29.

 

[pontevecchio]

His current I94 is till July, 9. irrespective he can stay till  then whatever one chooses to call that period.

[JoeF]

4 hours ago, pontevecchio said:

His current I94 is till July, 9. irrespective he can stay till  then whatever one chooses to call that period.

Well, it IS a grace period, just like there is a 60 day grace period when laid off on H1. No need to get defensive. The 10-day grace period at the end of the H1 has been in the law forever. I got it on my H1 some 18 years ago (and I still remember telling the officer at the POE that appreciated him adding it to my I-94 without me explicitly asking for it...)

[pontevecchio]

No one is getting defensive. Nobody is forced to respond to facts. His status expires on the day his I94 expires.

[JoeF]

1 hour ago, pontevecchio said:

No one is getting defensive. Nobody is forced to respond to facts. His status expires on the day his I94 expires.

The fact is that his H1 expires 10 days before the I-94 expires. There is a 10-day grace period after the H1 expires. Check the law.