I'm out of status PLEASE HELP NOT MUCH TIME LEFT!!!!

[udayakanth]

Hi,

 

I was employed with a company till July 31st 2014. After the project got completed, my employment was terminated. By that time my H1B visa was applied and I got the receipt and approval notice letter (I-797C). My employer refused to give me I-797A document and mentioned that they had revoked my H1B since I'm not employed with them. They mentioned I'm out of status and need to go back asap. I want to know if there is any way to fix this issue.

I really don't want to go back. Also I don't have an employer yet to transfer my visa.

 

Please help me. this post is my only hope.

 

Thanks,

Uday

[JoeF]

And you waited until now to post? Geez.

You have to leave the US. There is no other option, in particular not after several months.

[itsmeusa]

You have lost your H-1b status on 1st Aug 2014 - after that, your present here is unlawful. You must have exited US within reasonable time or at least found an employer immediately after 1st Aug 2014 to file H-1b xfer. The more time you stay here you are creating problems for future entries / petitions etc.

[rahul412]

It's almost 4 months, you should have contacted an attorney when you were out of options.

It's late now, you need to leave US asap.

[udayakanth]

when my employment was terminated on July 30, I was still on OPT till sept 30th. My h1B is effective from oct 1st. When I called my ex-employer immigration manager he mentioned they might have done it around oct 1st (he was not clear on the date). I also spoke with a murthy lawyer and he mentioned that usually after h1b cancellation date, the person can stay in USA up to 180 days. Now i'm confused if this 180 days stay is valid from July 31st or from oct 1st (date of effective H1B). Also with in these 2-3 months I have not received any mails from USCIS regarding my h1B cancellation. 

[rahul412]

 I also spoke with a murthy lawyer and he mentioned that usually after h1b cancellation date, the person can stay in USA up to 180 days.

Are you sure?Based on what status you will be staying in US??

 

Coming to your case, you are safe till your OPT expiration date. From Oct 1st you are on H1, but your H1 is gone so you are currently out of status.

[JoeF]

I also spoke with a murthy lawyer and he mentioned that usually after h1b cancellation date, the person can stay in USA up to 180 days.

 

Hmm, I rather doubt that any lawyer said that.

You may have misunderstood things

If a person overstays the I-94 for 180 days, there is a 3-year ban. For one, that does not apply to your situation, and second, even an overstay of one day means you are illegal.

And you won't be able to get a new H1 while you are illegal, so you absolutely have to go back to your home country.

[udayakanth]

My H1B has been approved.