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nrjmkl

Lost job and an expired I-94

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I lost my job and learned that my current I-94 admit is only until 03/15/2020. However, my approved I-797 is valid until March 2022.

I have made a decision to just move back to India versus trying to look for another job. Can anyone here confirm how much grace period do I have here?

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Didnt the new approved I797 come with a new I-94 date on the bottom right corner?Or does the I797 say consular approval required? The new I-94 date should match March 2022.

 If the I797 says consular approval required and your current i94 expired in March 2020 then you are already out of status and there is no grace period. However given the covid situation since March, I would consult an attorney. 

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The I-94 is what matters. Why was it less than the end date on the I-797? Was that an extension.

If you don't have a valid I-94 you don't have any grace period.

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However, my approved I-797 is valid until March 2022 -- did you get new I94 with this?

If yes, then you need to submit new H1B within 60 days of last working day.

If no, then I feel you are already out of status from I lost my job and learned that my current I-94 admit is only until 03/15/2020

In that case talk to immigration attorney.

Edited by gopalakrishnach

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Even thought you are leaving for good, you should consult an attorney. It will always be on your record as you overstayed and will be difficlt to correct later. 

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makes sense, I-797 bottom section does have I-94 info where end date is set to March 2022. I was looking at my I-94 info in https://i94.cbp.dhs.gov/I94/#/home

So, I guess, whatever I-94 end date is set in latest I-797 overrides the info you see in the CBP website? If so, then I have 60 days grace period?

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makes sense. I can confirm that the bottom section does have a I-94 info where the end date is set to March 2022. 

The March 2020 end date is something I found on the CBP website where you can retrieve their most I-94 record. 

Although I am going to consult a lawyer, I am guessing that the I-94 info in I-797 overrides the I-94 record info in CBP site? If so, then I do have a 60 days grace period? correct?

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4 hours ago, nrjmkl said:

makes sense. I can confirm that the bottom section does have a I-94 info where the end date is set to March 2022. 

The March 2020 end date is something I found on the CBP website where you can retrieve their most I-94 record. 

Although I am going to consult a lawyer, I am guessing that the I-94 info in I-797 overrides the I-94 record info in CBP site? If so, then I do have a 60 days grace period? correct?

Correct.

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