I94 expiring and time limit to stay in US

[kkaldie]

Hi,

This is Kiran. My H1 and I-94 validity given upto 31st Dec 2018 and due to unavailable of any project, my employer A has not filed my h1 extension. I spoke with a new employer B who is interested to transfer my H1b visa in January 2019 as he got some projects starts from Jan mid. Can you please let me know is it legal to stay in US and also the time period as my visa is getting expired on 31st Dec' 18. 

Appreciate your help!

Regards!

Kiran

[JoeF]

You don't have a grace period because your I-94 expires. You have to leave when the I-94 expires.

A new H1 would only be approved with consular notification. When it is approved you can get a new visa and enter with that.