Expired visa, Valid I-94

Question

H1 Expiry: Sept 30th, 2008

I-94 Expiry: Oct 10th, 2008

Booked My Tickets for: Oct 7th, 2008

As I moving to Australia in Feb 2009, I resigned from my company and did not extend my Visa/I-94 and booked my ticket to India on Oct 7th 2008.

Is my status in US legal after Sept 30th 2008 and till Oct 7th 2008?

Answer 1

You're normally allowed to stay up to 10 days after your petition expires to allow you time to get everything together and leave. that's why your I-94 card shows the Oct 10th date.

Answer 2

Visa is permit to enter US.

Validation for stay is as stated in your I-94.

Therefore, if you leave before the expiration of your I-94, you are legal.

Answer 3

The validity period of the visa has nothing to do with how long you can stay. It is the I-94 that controls how long you can stay. Your stay expires Oct 10th. If you leave before that date, you'll be in excellent shape for immigration purposes.