So say I quit my job today, can I still stay in the US unemployed until my I-94 runs out? I thought I had to find a new sponsor within 10-days or I would be out of status?
DV 2019 AOS Only
- Thread starter Sm1smom
- Start date
So say I quit my job today, can I still stay in the US unemployed until my I-94 runs out? I thought I had to find a new sponsor within 10-days or I would be out of status?
SusieQQQ
Well-Known Member
Um.... no, where did I say that the visa type becomes irrelevant once you’re in the country? You have to be in the status you were admitted - the terms of the stay are dependent on the visa you were admitted in. That’s all part of the “authorized stay” of the i94. You can’t for example get admitted as a tourist and then decide to work and say it’s ok because your i94 is still valid, or enter on a student visa and then just decide to stop studying.
So despite the I-94 ending in May 2020, I have to leave the country by May 2019 (when my visa ends) if I don't get a new visa or green card?
SusieQQQ
Well-Known Member
No. There is nothing anyone posted that said you need to leave when the visa itself expires. Everyone has told you it is the i94 that matters now (provided of course that you adhere to the rules of the status you were admitted in).
I'm being told that:
1. I can stay in the country after my visa expires up until the point on my i-94 (although my visa type does not become irrelevant once I enter the country)
2. I cannot quit my job now because that would invalidate my visa
3. I can't work after my visa expires (as expected)
Wouldn't staying after the visa expires invalidate my status? This is confusing lol.
SusieQQQ
Well-Known Member
1. You were told that your visa type determines your status (that is why the visa type is not irrelevant)
2. No, because it invalidates your status (not your visa)
3. Nope, after your status (not your visa) expires.
And no, staying after your visa expires does not invalidate your status. As you have been repeatedly told by a number of posters.
I’m beginning to feel like I’m being trolled here. Surely you wouldn’t move halfway across the world to work without understanding the conditions of your visa and what it means?
Thank you so much for the response.
I think I'm just going to book another consultation with an immigration lawyer. This is becoming a little hostile and I'm even more confused now.
vadrouille
Member
Dear PhilR,
Here is another take on it:
Regarding the I-94 date; as long as you respect the conditions of your visa you can remain in the us until the end date of the I-94, even if it is after your Visa end date. However, you won't be able to enter the US after May 2019 on this particular visa because it will be past its validity.
The I-94 is set by the Immigration Officer every time you enter the US based on the Visa you present, so if the IO sets a date in 2020, instead of 2019, so be it.
You can stay until 2020, but don't leave the US or quit your job.
Kr
Here is another take on it:
Regarding the I-94 date; as long as you respect the conditions of your visa you can remain in the us until the end date of the I-94, even if it is after your Visa end date. However, you won't be able to enter the US after May 2019 on this particular visa because it will be past its validity.
The I-94 is set by the Immigration Officer every time you enter the US based on the Visa you present, so if the IO sets a date in 2020, instead of 2019, so be it.
You can stay until 2020, but don't leave the US or quit your job.
Kr
Thank you! I have always assumed that I need to get out before my visa expires. Looking at different sites, it seems every site says something different about whether I can work between June 2019 - May 2020 on my current status.
This site for instances has multiple people on one thread stating contradictory information lol http://forum.murthy.com/topic/119546-e3-visa-renewal/
My AOS should kick in before all of this so I should have my green card, but just wanted to plan for eventualities.
Perhaps not, but when I and my friends all travel internationally all the time, and some come back with i-94s well beyond 2 years from entry, a random amount of months / days into the future beyond the visa expiry, or the visa expiry date its self, only to have the date completely change again upon the next entry, you can see why I say it seems like a whim.
Sorry to confuse you even further with my post Phil.
Sm1smom
Super Moderator
Processing timeline varies - it depends on several factors such as the FO’s workload, background check completion (some FOs will schedule the interview while background check is pending, some will wait on its completion before scheduling), chargeability country, etc.
On average, it takes most people like 4 months. You should take a look at the timeline spreadsheets though to get a better on your applicable FOs processing of DV based AOS petitions.
Sm1smom
Super Moderator
Yes it’s still valid for now.
Hi Mom,
It has been almost 100 days since I completed my bio and still no show of IL
I am trying to schedule an infopass with my FO since March 5th. I usually go to the website between 3am and 7am every day, but it seems to me that FO simply do not post any opening.
Do you think if I go to FO without infopass notice and try to schedule it there? Will it work?
I don't want to go to Congressman yet, but at the same time getting nervous.
It has been almost 100 days since I completed my bio and still no show of IL
I am trying to schedule an infopass with my FO since March 5th. I usually go to the website between 3am and 7am every day, but it seems to me that FO simply do not post any opening. Do you think if I go to FO without infopass notice and try to schedule it there? Will it work?
I don't want to go to Congressman yet, but at the same time getting nervous.
Sm1smom
Super Moderator
Hi Mom,
It has been almost 100 days since I completed my bio and still no show of IL
Do you think if I go to FO without infopass notice and try to schedule it there? Will it work?
I don't want to go to Congressman yet, but at the same time getting nervous.
You need to try other times outside of your 3-7am window. Have you tried between midnight and 3am?
You can’t schedule the INFOPASS at the FO, it’s supposed to be done prior to showing up there.
Thank you Mom, I tried some days midnight-3am, but not every day. I guess I will be continuing from today between midnight and 7am. Good I have a baby who wakes up every two hours
no need for alarm