Originally Posted by
B747-437B
The determining factor in this case is whether the alien remains IN STATUS throughout their physical presence in the USA. Status is granted by the inspector at the POE and is usually annotated on the I-94 form (for most statuses including the most common B1/B2 status). A visa can be still valid while the alien is out of status and status can be still valid while a visa has long expired.
Very interesting. To further my education, in what circumstances would the status granted on the I-94 be valid beyond the visa expiration? When and why would an inspector do that (other than in error)?