H1B is getting Expired on 05/31/2020 But Valid I94 till 08/30/2021


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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.

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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.

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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.

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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?

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