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If I am on a work permit (H-1B) in the USA (meaning I need to leave the country on the day my employment terminates, otherwise I go out of status) and scheduled to leave the country on the last day of my employment due to being laid off, what happens to my legal status if the flight is delayed by a day due to weather conditions? My I-94 and 797 are still valid and active.

I-94 departures are now recorded off the passenger manifests, so in future visa applications, do I have to mention that I overstayed in the USA while out of status as I never really left on the last day of my employment?

gparyani
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happybuddha
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1 Answers1

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Generally speaking you have at least 10 day grace period after the I-94 validity ends to exit see section 214.2(h)(13)(i)(A) for the exact text:

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.

So your presence in the United States is valid for at least 10 days past your visa expiration or invalidation.

The consensus on the "grace" period is that you have the leave to remain in the country until your I-94 has expired and if your visa is still valid it can be transferred to another employer and continued.

Karlson
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