I-94 Expiry-Important Questions

[AndyV]

One of my friends initial 3-yr H1B visa and I-94 is expiring on Sept 11, 2011. His company had already applied for extension in June and he also got the extension until Sep 10, 2014 with a new I-94 attached to the I-797 approval notice.

Currently due to some issues within his company, he may have to resign and look for an other job (he already has some interviews lined up). There are some questions regarding his status as listed below:

1. In case if he has to resign within the next couple of weeks and since his initial I-94 is expiring on Sept 11, 2011, would he be acquiring unlawful status after this date?

2. Since his I-94 has already been extended by USCIS until Sep 10, 2014(during the approval of the extension of his H1B), will this help in preventing from going in to unlawful status?

3. In a worst case scenario, he will be applying for a change of status to B2 before the resignation. Would that keep his him lawful status even though his initial I-94 expires on Sep 10, 2011?

I very much appreciate your reply on the above questions.

Thanks,

AV

[pontevecchio]

Tell your friend not to be a cheapskate and discuss the matter with a Lawyer.

[Attorney_23]

If an individual in H1B status resigns, he ordinarily will fall out of status from that point forward. A person in H1B status may file to change status to B-2. However, this is likely to complicate the situation if and when the individual attempts to return to H1B status.

I would recommend your friend contact a qualified immigration attorney before s/he resigns.