Navigating Legal Stay in the US Post-I-94 Expiration: A Guide for Foreign Nationals

Understanding the legalities of staying in the United States, especially when your I-94 expires, is a complex but essential topic for those navigating the visa and immigration system. This guide aims to clarify the legal steps and periods of authorized stay for various visa categories, including H1B, F1, and B1/B2.

Understanding I-94 and Your Authorized Stay

The I-94 is the Arrival/Departure Record that records the purpose of your admission to the United States. The date listed on your I-94 is the day you are required to leave the U.S., unless you have applied for an extension of stay or a change of status prior to the expiration of your I-94.

For instance, if you entered the U.S. under a student visa (F-1), you are allowed to stay while in status. However, if that status is no longer applicable, such as when your OPT (Optional Practical Training) or other visa benefits have expired, you must leave the U.S. or seek reinstatement of your status before the I-94 expires.

Grace Period and Extensions

When your visa or status expires, you will have a grace period of up to 240 days from the date the petition is filed for certain visa categories, such as H1B or F1. This period is designed to give you sufficient time to either secure new employment or return to your home country.

If your H1B extension is approved and filed before your I-94 expires, you will be considered to be in a period of authorized stay for up to 240 days (or until the extension is denied, whichever occurs first).

If your H1B extension application is still pending after 240 days, you enter a "secondary period of authorized stay" until a decision is made. During this period, you can legally remain in the U.S. without immediate legal consequences, but you are not permitted to work.

Consequences of Overstaying

Overstaying the period of authorized stay after your I-94 expires is considered a serious violation of immigration law, and you are considered to be in “out of status.”

If you overstay even while your H1B is being extended, the visa expires, and you are no longer permitted to work. It is advisable to exit the U.S. as soon as possible when your I-94 expires or when your extension application is pending.

Safeguarding Your Legal Stay

To safely extend your stay in the United States, it is crucial to take the following steps:

File for a timely extension of stay or change of status at least 40 days before your I-94 expires. Consider utilizing the grace period for up to 240 days, especially for H1B and F1 visa holders. If your extension is pending, consider the option of leaving the country and re-entering at a border city like Tijuana, Mexico.

By adhering to these steps, you can avoid the legal and practical consequences of overstaying and ensure your compliance with U.S. immigration laws.

Conclusion

Staying in the U.S. beyond the authorized period can lead to significant legal and practical complications. Whether you are a student, professional, or business owner, understanding the nuances of the I-94, extension, and grace periods is crucial.

For more information and personalized advice, consult with an experienced immigration lawyer or immigration officer.

Note: This guide is intended for general information and should not be considered legal advice. Always consult a professional for specific legal guidance.