Srinivas Mallisetty Posted May 14, 2020 Report Share Posted May 14, 2020 Hi, My H1B Visa is getting expired on this May 31. But, I have the I94 validity till the next year August. Is it legal to stay with an expired H1b visa and valid I94 while searching for a new employer? Your response is highly appreciated. Thanks in advance. Quote Link to comment
User099 Posted May 15, 2020 Report Share Posted May 15, 2020 Visa is the stamp on the passport and your status is determined by I94. If you will loose your job on May 31st, then you will have 60 days to find a new job or leave the country. If not, you can stay till your I94 expiry date. Quote Link to comment
gopalakrishnach Posted May 15, 2020 Report Share Posted May 15, 2020 (edited) I feel within 60 days from May 31 you need to apply for another H1B petition. Edited May 15, 2020 by gopalakrishnach Quote Link to comment
02112018 Posted May 16, 2020 Report Share Posted May 16, 2020 Yes it is legal until i-94 validity 2021 Aug. Quote Link to comment
Srinivas Mallisetty Posted May 18, 2020 Author Report Share Posted May 18, 2020 Sorry, I was looking at the passport instead of the recent I797. I94 is getting expired on June 10. Does 60 day period still applicable to me? Quote Link to comment
A_P_ Posted May 19, 2020 Report Share Posted May 19, 2020 On 5/14/2020 at 12:52 PM, Srinivas Mallisetty said: Hi, My H1B Visa is getting expired on this May 31. But, I have the I94 validity till the next year August. Is it legal to stay with an expired H1b visa and valid I94 while searching for a new employer? Your response is highly appreciated. Thanks in advance. Yes it is legal to stay in the US until I-94 expiration date. But if you find a new employer and your new employer apply for your H-1B after 60 day grace period (60 day grace period starts on the day after your last day at work; Not after your visa expiration), your H-1B will most likely approve for consular processing. You'll have to go outside the US and comeback with new H-1B visa to start working. Quote Link to comment
JoeF Posted May 19, 2020 Report Share Posted May 19, 2020 On 5/18/2020 at 9:29 AM, Srinivas Mallisetty said: Sorry, I was looking at the passport instead of the recent I797. I94 is getting expired on June 10. Does 60 day period still applicable to me? The grace period is 60 days or until the I-94 expires, whichever is earlier. Quote Link to comment
JoeF Posted May 19, 2020 Report Share Posted May 19, 2020 13 hours ago, A_P_ said: Yes it is legal to stay in the US until I-94 expiration date. But if you find a new employer and your new employer apply for your H-1B after 60 day grace period (60 day grace period starts on the day after your last day at work; Not after your visa expiration), your H-1B will most likely approve for consular processing. You'll have to go outside the US and comeback with new H-1B visa to start working. No, it is not legal to stay past the grace period, even if the I-94 is still valid. Quote Link to comment
User099 Posted May 19, 2020 Report Share Posted May 19, 2020 On 5/18/2020 at 10:29 AM, Srinivas Mallisetty said: Sorry, I was looking at the passport instead of the recent I797. I94 is getting expired on June 10. Does 60 day period still applicable to me? You will have 60 days or till I94 expiry date (which ever is shorter) to stay and find a new job. If you don't file a H1 petition for transfer by I94 expiry date, you need to leave or apply for B2 to stay temporarily. Is it clear now? Quote Link to comment
Srinivas Mallisetty Posted May 22, 2020 Author Report Share Posted May 22, 2020 On 5/19/2020 at 1:34 PM, User099 said: You will have 60 days or till I94 expiry date (which ever is shorter) to stay and find a new job. If you don't file a H1 petition for transfer by I94 expiry date, you need to leave or apply for B2 to stay temporarily. Is it clear now? Yes Quote Link to comment
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