Legal status in the US on an H-1B visa if flights are delayed by a day?
If I am on a work permit (H-1B) in the USA (meaning I need to leave the country on the day my employment terminates, otherwise I go out of status) and scheduled to leave the country on the last day of my employment due to being laid off, what happens to my legal status if the flight is delayed by a day due to weather conditions? My I-94 and 797 are still valid and active.
I-94 departures are now recorded off the passenger manifests, so in future visa applications, do I have to mention that I overstayed in the USA while out of status as I never really left on the last day of my employment?
Best Answer
Generally speaking you have at least 10 day grace period after the I-94 validity ends to exit see section 214.2(h)(13)(i)(A) for the exact text:
A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.
So your presence in the United States is valid for at least 10 days past your visa expiration or invalidation.
The consensus on the "grace" period is that you have the leave to remain in the country until your I-94 has expired and if your visa is still valid it can be transferred to another employer and continued.
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What is 240 day rule H1B?
The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 days or USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after i94 expiry. Visa Type: Enter the type of US visa you hold and is currently printed on your i94.How many days can I stay outside USA on H1B?
If the remote stay abroad is longer than 60 days, then a new LCA & an amended H-1B petition must be filed with the DOL & USCIS.Does 240 day rule apply to H1B amendment?
Yes, the 240 day rule applies for H1B amendment + Extension. You can stay in US but can't work if your application is still pending after 240 days of i94 expiry. The H1B amendment is gray area for 240 day rule. The official USCIS language talks about working with 'same Employer' upto 240 days.What is the grace period for H1B visa?
What is H1B Grace Period Rule as per DHS ? As per Dept. of Homeland Security(DHS) regulation that came into effect in Jan 2017, H1B Visa holders can get a grace period of up to 60 days, if they lose their job due to layoff or any other unforeseen reasons, before the end of their H1B petition validity.US TO EXPEDITE H-1B VISA CLEARING PROCESS IN VIEW OF BACKLOGS
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