H1B termination: Out of Status and I-94


newuser21

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My h1b job was terminated exactly one month back, 4 weeks back. 

I-94 is expiring on Oct 2013. My h1b is revoked 3 weeks back, does that mean my I-94 is also gone invalid? Does Out of status mean I-94 cancellation along with the h1b? 

I want a second opinion on this. 

 

Today I went to see a lawyer, he told me my h1b is revoked means I am "out of status", means I-94 is also invalid. 

I get up to 180 days to stay on "Out of Status", 180 days max I can spend as being illegal. 

Mean while if I find a job in these 180 days then, there is a chance to survive. Else start packing up and get ready to leave. 

 

4 weeks already spent, I am going thought many interviews, hope is there that I will get some job. 

 

 

Please advice, give me firm second opinion. 

 

 

Thank you

 

 

 
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You are out of status from the day of layoff.

That has nothing to do with H1 petition revocation. Forget petition revocation. It is irrelevant for you.

You would be out of status even if the petition hadn't be revoked.

You are out of status from the day of layoff. I don't know what lawyer you went to, but that lawyer is rather bad.

Let me repeat it once more: You are out of status from the day of layoff.

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If you obtain another job, you will likely have an approval without an I-94 due to being out of states. THis will require that you exit the country and reenter and obtain a new stamping if your current is expired.

 

Periods out of status can adversely affect GC processing.

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You have more time than you think. Be reasonable and if no possibilities in say 3-4 months leave. Even if you get a H1 sponsor in 3-4 months leave and come back with the visa.

Thanks for this. Does that mean I can hope to wait for another 1 or 2 months? 

 

At the end, If I use 3 months out of 180 days allowed on "out of status" then, what for future safety how should I justify this period to avoid any future adverse effect?  do not have any other means of changing my status. I have an old B1/B2 visa and I had enrolled in part time graduation program.  

 

I am sure I will get a good job, my professional background is very strong and I am desired by many biggest companies in silicon valley and financial firms. Some interviews are in final stage. Most importantly, I am worried about my liabilities here, I have much mess from last 5.5 yrs stay. Even just to wrap everything will need at least more than a another month. I would avoid any legal blemish at any cost, never had one. 

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Thanks for this. Does that mean I can hope to wait for another 1 or 2 months? 

 

At the end, If I use 3 months out of 180 days allowed on "out of status" then, what for future safety how should I justify this period to avoid any future adverse effect?  do not have any other means of changing my status. I have an old B1/B2 visa and I had enrolled in part time graduation program.  

 

I am sure I will get a good job, my professional background is very strong and I am desired by many biggest companies in silicon valley and financial firms. Some interviews are in final stage. Most importantly, I am worried about my liabilities here, I have much mess from last 5.5 yrs stay. Even just to wrap everything will need at least more than a another month. I would avoid any legal blemish at any cost, never had one. 

You are not "allowed" any time out of status.

Being out of status means that you are illegal.

That WILL cause problems.

The still-valid I-94 just means that you don't accumulate time towards a 3-year or 10-year ban yet.

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You are not "allowed" any time out of status.

Being out of status means that you are illegal.

That WILL cause problems.

The still-valid I-94 just means that you don't accumulate time towards a 3-year or 10-year ban yet.

 

I am seriously confused. So what should be my goal for now? Can I still change my status? 

1. Hope to find a job and file h1b

2. Just wrap up and leave

 

Even for leaving I would need another month to wrap up. 

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You are not "allowed" any time out of status.

Being out of status means that you are illegal.

That WILL cause problems.

The still-valid I-94 just means that you don't accumulate time towards a 3-year or 10-year ban yet.

 

Basically I want to understand what a person should do or is expected to do if he suddenly loses his h1b job and has no other mean of COS? What do people do in this situation? What is he expected to do to avoid any trouble? 

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Basically I want to understand what a person should do or is expected to do if he suddenly loses his h1b job and has no other mean of COS? What do people do in this situation? What is he expected to do to avoid any trouble? 

First off, if you are laid off, the employer by law is required to pay for your flight back to your home country, if you wish to go back (not for dependents, though.)

Second, if you want to stay, you should IMMEDIATELY when laid off file a COS to some other status. In most cases, this means B2, unless you are married and your spouse is in a status like H1, L1, or F1, in which cases you could change to the corresponding dependent status.

That's the only thing that keeps you legal. There is no grace period for somebody on H1, not even one day.

And as long as you are legal, a new employer can file an H1 transfer, and you can start working once it is approved. If you aren't legal, you have to go abroad, and return to be able to work in the new job.

Don't confuse this with overstaying the date of the I-94. That's a whole different issue, a different kind of being illegal.

Both situations make you illegal.

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A person should be able to change status when they loose job.

Some people have options to be dependent on spouse

Other travel out of country

and them some change status to B2

 

But I am very confused on your logical thinking of such scenario. Rather than damage control of situation, you are looking the other way.

First, you did consult with an attorney, who gave u the scenario of situation. 180 days being out of status is the max, Dont try and reach for max. 

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"A person should be able to change status when they loose job."

 

=> For that you may contact USCIS people. As of now, if a person loses his/ her job, he/she is out of status from very next day. The only option is either file COS on the day of termination or leave the country very next day of termination. Each day will cause more problems.

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Thanks you all for input. 

Here is some change in my case, since the layer gave me the bitter advice yesterday. 

 

Today I was able manage to employers to file my new h1b as early as this week, or beginning of the next week. 

How does this shall change my course for next month? I might get the approval in two weeks with fast processing. Shall I still start selling stuff and get to ready to leave? Is it advised to keep the liabilities here and go back to home country to get new visa stamped? 

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Dude, my h1b was revoked last sept and I got another h1b under consular premium processing. I left USA on 25 sept( h1 revoked on 15 of sept) and the new petition got approved on oct1. I didn't get rid of anything but my situation is different( I am married to a same sex us national ) so he lives in the house and is talking care of the car the pets everything.

I came back to Pakistan, went for my h1b visa interview all went well but It went into 22g AP. my emoter waited for 6 months and then they couldn't wait anymore. Now I am stuck in Pakistan waiting for my i130 to get approved.

This is a risk that u take. But you do not really have another choice.

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