How soon Do I have to leave the US after my H1b expires?

Thank you for such a great service you provide.

My current H1b exprires in June 30th and the same institution (cap exempt) plans to renew my H1B status in a new position starting September 1st, which creates a 2-month gap in employement.

I understand that I cannot have a gap in my emplyement while I stay in the US. I have 2 questions:

1- I have to leave the US immediately after my current visa expires, how soon is immediately?? 1 day? 1 week? I couldn't find a clear answer anywhere..

2- Is it going to be H1B renewal or a new petition for me??


Thanks again,

  1. You need to leave US once your I-94 expires and/or 797 expires. Although the best thing to do is to leave on that very day, the next best thing is to leave ASAP, say within a week or two. If USCIS questions this in future, you can use genuine reasons like packing up, selling stuff etc. But this will depend upon USCIS officer’s discretion.

  2. H-1 renewal/extension, which will be cap-exempt.