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h1bvisaupdate

Laid off from Project - on H1b

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Hello,

I need help with my current situation:

I work for Employer A. I had filed for extension and recently got an approval on my H1b for 2 years (until July 2021). I haven't been to India to get my stamping done on the approved Visa (and get new i94 date), so my I94 date is old and expired. Due to unforeseen events, my client decided to go on budget cut and close the project sooner. So my current project ended with the client on 30th of April.

Employer A told me that they will keep me on bench for 60 days (on loss of pay) while searching for another project/client. They have sent to USCIS to revoke my approved H1b. Now I know that as per below rule, any person who is terminated of the job can stay up to 60 days while searching for new job (and get H1B transfer). But in this case I have the old I94 expiration date (as I haven't been able to get the new approval stamping done), so does that mean that below rule is not applicable to me? Please help me understand what is my best option in this scenario. Can I stay and search for job?

 

  • "The Final Rule on High Skilled Workersthat went into effect on January 17, 2017 provides H-1B workers with a grace period of up to 60 consecutive days – or until the expiration date of their current I-94, whichever period is sooner – following the loss of employment, during which they can remain lawfully in the United States and seek sponsorship by a new employer."

 

 

Edited by h1bvisaupdate

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On H1 you need to get paid all the time, even on bench.

If the employer revoked the H1 they laid you off. If the I-94 is expired you don't have any grace period. Did the extension not come with a new I-94?

Edited by JoeF

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On 5/15/2019 at 5:48 AM, JoeF said:

On H1 you need to get paid all the time, even on bench.

If the employer revoked the H1 they laid you off. If the I-94 is expired you don't have any grace period. Did the extension not come with a new I-94?

He is getting confuse between Visa and I797

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On 5/14/2019 at 7:34 PM, h1bvisaupdate said:

 

You are correct! I assumed that if the I-797 is revoked then I94 also gets revoked (unless it is stamped as visa on passport). But my extension came with updated I94, so I think I am eligible for the 60 days grace period.

However Company A told me that I have 60 days bench period even though have sent the I-797 to get revoked. I think I need to find a job otherwise will have to go back to my home country. Thank you JoeF and adshah84 for your help!

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Yeah, H1 revocation has absolutely zero effect on the I-94.

Edited by JoeF

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