Timeline for Legal status in the US on an H-1B visa if flights are delayed by a day?
Current License: CC BY-SA 3.0
11 events
| when toggle format | what | by | license | comment | |
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| Aug 30, 2016 at 19:38 | comment | added | phoog | "if your visa is still valid it can be transferred to another employer": Finding another H-1B sponsor is not dependent on having a valid H-1B visa. Don't forget that the H-1B visa is needed only to enter the US, not to remain in the country. | |
| Aug 23, 2016 at 19:35 | comment | added | user102008 | "Generally speaking you have at least 10 day grace period after the I-94 validity ends to exit" No. What that provision says is that the date they admit you until on your I-94 can be 10 days past the end of your petition. It does not mean that you can stay past the date on your I-94. | |
| Aug 23, 2016 at 17:11 | history | edited | Karlson | CC BY-SA 3.0 |
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| Jan 29, 2014 at 2:17 | comment | added | happybuddha | @Karlson 797 B. But what difference does it make in this case? The candidate is laid off, is departing on his end date of termination, has a valid I94 and is leaving before the expiry date of his 797. | |
| Jan 28, 2014 at 22:35 | comment | added | Karlson | @KateGregory Generally yes but in this particular case no. There is a provision in the law in this instance that makes it legal. There is no provision in the law that I was able to find that makes any mention of an actual length of a "grace" period for such conditions. VWP requires notification to USCIS by the traveler but no such condition is mentioned for the H1. So it will make for a good question bit not necessarily for this particular case. | |
| Jan 28, 2014 at 22:08 | comment | added | Kate Gregory | 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? | |
| Jan 28, 2014 at 22:02 | comment | added | Karlson | @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. | |
| Jan 28, 2014 at 21:48 | comment | added | Kate Gregory | 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? | |
| Jan 28, 2014 at 20:16 | comment | added | Karlson | @happybuddha Which version of I-797? uscis.gov/i-797-info | |
| Jan 28, 2014 at 20:10 | comment | added | happybuddha | I updated the question. The person still has a valid I 94 but needs to leave the country as he was laid off. | |
| Jan 28, 2014 at 19:30 | history | answered | Karlson | CC BY-SA 3.0 |