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

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.

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Attorney answers 5


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 attorney to discuss your individual case.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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 detailed information or to schedule a consultation please contact our office at (718) 924-2896.


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.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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