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If I am on a work permit (H1B) in the USA (means, 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 flights manifest, 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?

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There is some potentially interesting information about that in Wikipedia. Apparently, it would depend on whether you were laid off or not. –  Relaxed Jan 28 at 19:07
    
Good point. Thanks Annoyed. I have updated the question. –  happybuddha Jan 28 at 20:07
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How can a question seeking answers about delayed travel affecting the visa status be off topic ? Close voters, care to explain ? –  happybuddha Jan 29 at 2:18
    
Just an idea (maybe stupid), can't you just cross the passport control and stend the time in the "international" part of the airport, hence not so much being in the US? –  tohecz Jan 29 at 10:48
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@tohecz There is generally no such thing in US airports. –  Relaxed Jan 30 at 10:42

1 Answer 1

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.

Generally speaking 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 transfered to another employer and continued.

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I updated the question. The person still has a valid I 94 but needs to leave the country as he was laid off. –  happybuddha Jan 28 at 20:10
    
@happybuddha Which version of I-797? uscis.gov/i-797-info –  Karlson Jan 28 at 20:16
    
And anyway, even if not laid off, say your employment and visa were till the 2nd, and you booked a flight for the 12th, using the full 10 day grace period to pack up etc, and then on the 12th a major weather delay meant you didn't leave until the 13th or 14th. The question still applies at that point. Did you leave late? Do you have an obligation in the future to confess and explain an overstay that will be In The System every time you cross the border? –  Kate Gregory Jan 28 at 21:48
    
@KateGregory It will be a totally different question. scheduled to leave the country on the last day of my employment. But if the I-94 is still valid legal consensus is that CBP is fine with that though I wasn't able to find a definitive source online. –  Karlson Jan 28 at 22:02
    
I don't see that it's different. The general question is, if I am complying with my visa by leaving on the 12th, but I can't because of weather, is that an overstay? The fact that sometimes overstays are allowed is not really the point, is it? –  Kate Gregory Jan 28 at 22:08

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