Is this legal to stay 5 days after I-94 expiration?

Asked over 1 year ago - New York, NY

I am from India and came on L1-B three years back. My I-94 is expiring in another 10 days. My company attorney says that I can work till the day mentioned on I-94, but will have another 10 days grace period to stay without working. But is this true and Legal. What could be the legal issues that might come up in future if i come to US on any kind of VISA.
The reason Company want to stay might be, They don't want to loose the revenue or might be getting flight tickets bit cheap after that.

Please advice.

Attorney answers (5)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    18

    Lawyers agree

    3

    Answered . It is not legal to stay even one single day after the I-94's expiration. There is no such "grace period" in your category.

    You will have difficulties obtaining a visa again or being readmitted if you overstay your I-94.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Alice Antonovsky

    Contributor Level 14

    12

    Lawyers agree

    Answered . You should depart on or before the expiration date of your I-94. If you do not, you may have trouble later obtaining a visa. I suggest you speak to an immigration attorney who can go over all of your options with you. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  3. Stephen D. Berman

    Contributor Level 20

    13

    Lawyers agree

    Answered . It is not legal to stay past the date on the I-94.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Carlos Andres Lopez

    Contributor Level 14

    12

    Lawyers agree

    Answered . I agree. You are accumulating unlawful presence under the law after the I-94 expires. There is no grace period. "Grace periods" occur when immigrant employees are laid off and are given time to file a change of status, but even that area of the law is murky.

  5. F. J. Capriotti III

    Contributor Level 20

    10

    Lawyers agree

    Answered . It is hard to believe that a company immigration lawyer told you that there was a 10 day grace period for DEPARTURE. Yes, there is a 10 day arrival grace period.

    I suggest you direct him/her to this website.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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