H1B Expiring, and need 4-6 weeks - What would you do?

Hi - My H1B visa (and I-94) expires on 2/17. This may seem odd, but I had blithely assumed that, as a Canadian citizen, it would be okay for me to stay in the U.S. until the end of March and decompress while I slowly pack up my things and move myself. It now appears that's not quite the case, and I really don't want to risk being out of status and being denied entry or a visa in the future.

I'm not going to be able to get it together and move in the next 11 days (plus I have dental appointments scheduled until the end of February), so I'm considering three options:

1. Filing for an extension to B-2 status ($300 plus no guarantee of acceptance).

2. Leaving on the the 17th for a few days and then returning as a tourist (is there a risk of being denied re-entry if I simply tell them the truth?).

3. Overstaying by 4 weeks.

What would you do in this situation? Also, in the case of option 2, do you think it would make a difference where I went (i.e. Canada or elsewhere)?

Thanks much,
Z.

I assume you are currently working? Your status expires when you stop working, regardless of the date stamp.

1. When you file the B2 (which you can only do on last day of work), you don't really care whether its approved or not, the expaectation is that you are likley gone before it even gets looked at.

2. Since you haven't established foreign residdence in the "few days" you'd be in Canada, you risk denial. Going anywhere else would heighten risk of denial, as they would inspect you even more closely.

3. Not the end of the world.

Things to keep in mind: you can'r collect UI/EI until you go back to Canada, nd the b2 filing onluy covers you until you leave US for the first time, then yo uare subject to foreign residdnce requiremnts.

Also, you dental appt won't be covered by your work insurance, will it?

Thanks agnelson. You're correct that I'm still working. My last day at work is the expiry day. If I went for option #2 I would fly to Calgary (where my parents are) that night. It's interesting that you don't recommend this option, as I had thought it to be the simplest and cleanest.

It sounds like you would opt for option #1 in my situation; is that correct? If the B-2 request were ultimately denied, would I be considered out-of-status from the time the H1B expired, even if I had already left the US before the denial came in?

If you chose option #3, I'm assuming you would surrender your I-94 when you left and then admit to having overstayed when asked in the future? Judging from the forums no one really seems to know how risky this is.

Interesting point about UI - I had heard that it wasn't possible to collect UI from the US when an H1B expires, even when I return to Canada. Are you suggesting that this isn't true?

As for the dental treatments, my insurance covers me until the end of February, even though my employment ends mid-month.

Thanks again. This is all very helpful.

Z.

If B2 is denied (it won't be) you would only be out-of-status on the date they will tell you to leave. You will be long gone by then anyway.

You certainly can collect UI/EI when you relocate to Canada, and you are otherwise eligible. See service canada website which goes into exact detail on this.


For option 3, you surrender your I-94 to a Cdn officer, and they log it.

4 week overstay is usually forgiven.

But I would send in B2.