Laid off on H1-B with expired I-94 but approved I-140

[rivaldo]

Hi,

I recently got laid off and tomorrow will be my termination day 26th Dec 2023. My I-797 is valid until 2025 but my I-94 is expired. I have an approved I-140. I am interviewing right now. Should I apply for B1/B2 visa today OR in Feb 2024 (60 days from today) ? 

Can I apply for B1/B2 myself ?

[rivaldo]

The expiration date of 06/09/2023 is from I-94 when I check online.
However the I-94 on my I-797 however has: "VALID FROM 10/28/2022 UNTIL 10/15/2025"
So does it mean that mean that I still get 60 days grace period ?
Out of panic I did apply I-539 for B2 visa for myself and my spouse. Should I withdraw it ? Do we get any refund for it ?

[Attorney_24]

Which is the most recent I-94? If your H-1B/ I-797 was filed and approved after your last entry into the U.S., then you will have 60-day grace period from your termination date. However, if the last action was your arrival in the U.S., then you may be out of status and unlawfully present.