Case- H1b- Laid off on Nov 5th 2019. I94 expiration 29 July 2020. Currently hunting job with no success to transfer H1 to other employer. Can I stay in US until 31st march 2020 for job hunting and close personal affairs without triggering 3/10 year bar for reentry. Also haven’t filed for any change of status to visitor since did not plan to stay past I94 period. Would that be an issue? Also the company hasn’t filed for withdrawal yet with USCIS.
No, you cannot stay. You technically are out of status. You only get 60 days of grace period and even that is subject to USCIS discretion. Read H1B Grace Period 60 Days
You should never do a mistake knowingly, it can create issues to you in the long run. Please talk to an attorney immediately and settle your affairs soon and plan to depart.
It is not about other company filing withdrawal, it is about you maintaining your status on H1B. Your SSN, Taxes, etc. all are various ways they may be able to track…
Thank you Kumar. As much as I intended to, couldn’t close my affairs in 60 days, therefore needing to stay past 60 days to file taxes and wrap up other stuff. Already booked my ticket back home for feb 5th. I hope it won’t be a problem, since I am not staying many months past my grace period and also within I94 timeframe which is still valid for 6 more months. Please suggest.
While all you said may seem logical, I am not sure, how it can impact you in the future, I would suggest you check with an attorney and plan accordingly.
Technically, it is considered as “out of stay”. Is your payroll is active till date? Even you book Flight Ticket, it doesn’t matter. As far as I am aware of 10 days is permitted if your I140 is not filed. If your I140 is filed then it may vary. Also, if you are staying with family & Kids then you can justify the case but being not alone, if it exceeds more than 10 days either Out of Job. Please consult Immigration Attorney on priority. Always risk averse approach is better considering the current immigration tight conditions. The above are valid having i94 validity. (I know, you are having I94 Validitiy) … Per my understanidng, Having Job and payroll is running then I94 last date matters.