O-1 Visa Expiration Date

Question

My O-1 visa expires next week, so I have to stop working then, but my lawyer says I can stay up to 10 days after my visa expires (My I-94 has the same expiration date as my visa). But I am paranoid that I will be obtaining a "unlawful stay". I will likely come back to America for work or to visit friends, and I wouldn't want that to get in the way. But those 10 days would help me a lot as I have a lot to organize before I leave.

I did find this on the USCIS site:

As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in authorized employment during the validity period of the petition.

Link: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement

So I assume I will be ok?

Would appreciate the feedback of anymore familiar with this.

Thanks so much!

H

Answer 1

First of all, when your visa expires is irrelevant. A US visa is only for entry and has no relevance to your stay inside the US.

What determines how long you can stay is your status, as determined by your I-94. When you entered, the officer is allowed to admit you up 10 days before your petition begins, and up to 10 days after it ends. You did not state when your O-1 petition expires, but it likely expires at the same time as your visa, as the visa was probably given a length of validity to match the petition. So the CBP officer at entry could have admitted you on your I-94 until 10 days after your petition expires, but he apparently didn't, as you are only admitted until your petition expiration date on your I-94. Whatever the officer admitted you until on your I-94, is when you have to leave. You do not get to stay any number of days beyond the date on the I-94.

If you wanted to stay longer, you could apply for Change of Status to B-2 (personal visitor) status with I-539. This costs several hundred dollars, however.