Grace period to leave the US after H-1B expiration?

G

GREAKLY

New Member
Hello,

My H-1B visa (as well as my status) expires on September 7, 2006. I plan to leave the country and wonder if I have any "grace period" to do so. I asked this question to the BCIS officer at the border last time I entered the country and she said "10 days after the expiration date of I-94". However, from what I read on the Internet forums, half of the people say 10 days, the other half believes there is no grace period and I have to leave immidiately.

I wonder if anybody knows the law that clearly states whether it's 10 days or immidiately? Should I decide to remain, say, a week after the expiration of my I-94 would there be any problems in the future or the BCIS does not really care about such little overstays?

Thanks you in advance.

Gregory
 
8 CFR 214.2(h)(13)(i)(A)

(A) 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.

What's your expiration date on I-94 ? Usually, officer at POE gives you 10 days more than petition validity on I-94.
 
Last edited by a moderator:
Hello,

Thank you very much for your help, especially for telling me the exact paragraph of the law. My I-94, my visa, and my status all expire on September 7, 2006. I plan to leave the US on September 10 or 11, 2006 by car to Canada (I have received PR status there). Do you think, this 3-4 day delay would not be held against me in the future, once I apply again for the US visa?

BTW, you mentioned that the officer at the POE usually gives more than 10 days more than petition validity on I-94. However, there will be no one to collect I-94 when I depart to Canada. I mean, I've done it a few times (drive from the US to Canada) and, usually, you don't even stop on the US side. Only Canadians will be checking my papers. I such case what should I do with the I-94 that would remain in my passport? Shall I keep it or just throw it away? Would it be suspisious for US authorities in the future that they have no record of me ever leaving the country? Do you know if US and Canadian immigration/border computer systems are interconnected?

Thanks again.

Gregory
 
GREAKLY said:
Hello,

Do you think, this 3-4 day delay would not be held against me in the future, once I apply again for the US visa?
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I think it is OK if it's within 10 days(as law says).

However, there will be no one to collect I-94 when I depart to Canada. I mean, I've done it a few times (drive from the US to Canada) and, usually, you don't even stop on the US side. Only Canadians will be checking my papers. I such case what should I do with the I-94 that would remain in my passport?
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If your stay in canada was less than 30 days, your I-94 won't be collected. If you leave permanently, I believe you should surrender your I94 otherwise you will be considered overstaying in their system. May be other canadian PR or citizen can give you clear answer for this..
 
I believe you have to simply surrender I94 to canadian authorities stating that you are leaving permanently. retain a copy of the I94 and you will also have a canadian entry stamp to vouch for your departure on that day. this is a common sense reply so you may want to check with an attorney.
 
I believe you can also mail in your I-94 or you can surrender it at the border.
You are legally allowed to stay in the US for 10 days after your I-94 expires. But you cannot work, and those 10 days are for you to wind up any pending business here. But if you remain beyond those 10 days, those 10 days will count towards your illegal stay in the US.
 
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