H1B visa expired.

giovannaferraz

New Member
I have H1B visa and it will be expire in July/2006. I am not going to extended because I want to go back to my country. Can I stay here in USA for a extra 30 days? Of course, I won't work after my visa is expired, but I need some time to close my accounts, to pay the utilities, to finished my lease and everything.
Thanks so much!
 
giovannaferraz said:
I have H1B visa and it will be expire in July/2006. I am not going to extended because I want to go back to my country. Can I stay here in USA for a extra 30 days? Of course, I won't work after my visa is expired, but I need some time to close my accounts, to pay the utilities, to finished my lease and everything.
Thanks so much!

No. there is no grace period after your I-94 expires. you should start working towards closing your accounts and related issues as you approach your I-94 expiry date.

As as side note, your presence in the country after I-94 expiration will be counted as unlawful. however you will be forgiven if your over stay is less than 180 days under 245(i). this matters if you plan to come back to US in future otherwise you shouldn't care.

But I personally would try to keep immigration record clean.
 
What to do after H1-B

Hi

I am on my first H1-B (started a year ago), and I want to resign my job and travel a little in the USA before going back to my home country.
Do you know how long I can stay, or can I change my status to a tourism visa?

Thanks,

Tom
 
thot said:
Hi

I am on my first H1-B (started a year ago), and I want to resign my job and travel a little in the USA before going back to my home country.
Do you know how long I can stay, or can I change my status to a tourism visa?

Thanks,

Tom

CIS allows only 10days stay after expiration. You need to change your status to B visa.
 
Do you think I can do that from the US, or do I need to get out and get back in?
Thanks for your reply.

Tom
 
thot said:
Do you think I can do that from the US, or do I need to get out and get back in?
Thanks for your reply.

Tom

You can file change of status(I-539) to change from H to B in the US. Note you need to file this petition before your H1 is expired if you want to change to B status without going out of the US.
 
You can file I-539 any time you want during your legal stay(I mean valid H1 status in your case).

if your out of status is less than 180days, you are not subject to 3 years entry ban to the US, but you need to explain this everytime you apply for visa in the future and it may invite unnecessary mess. I recommend not to go out of status if you can easily avoid.
 
Top