H1B is expiring tomorrow; filed B2 Form i-539 yesterday; what should I do?

G

gc5135@wayne

New Member
Good morning Sir/Madam! I hope you’ve been well.

I got laid off on Sep 3, 2024. My current H1B is expiring on Oct 17, 2024. Basically tomorrow.

I also have approved I-140. Priority date is 05/09/2023.

I also filed B2 change of status form I-539 yesterday Oct 15. I have received a Receipt Notice as well.

Could you please tell me what my options are and what I should do next?

Can I stay in the USA? Or do I need to leave the USA?

Please guide me here. I would really appreciate it.

Thank you so much!!
 
What do you mean by your "current H1B is expiring on Oct 17, 2024"? When you stop working, you remain in status until 60 days after you stopped working, or until your I-94 expires, whichever is first. Since you stopped working on September 3, you should remain in status until about November 2, unless your I-94 expires earlier. Do you mean that your I-94 expires on October 17?

If your I-539 has been received before you go out of status, you can stay in the US for as long as it is pending.
 
Yes both my I-94 and H1B visa expiration date is Oct 17, 2024. I stopped working on Nov 3, 2024. But instead of 60days I only got around 45days because my I-94 and H1B visa expiration date is Oct 17, 2024. And I filled I-539 on 15 Oct.
 
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