H1B revoked, I94 attached to I-797 valid till 2019, what to do?


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Hi! Thank you for helping me on that one: I spoke to 3 different attorneys and get a different response every time... So my job is ending end of January which means my H1B will be annuled... However the I94 attached to my I-797 (at the bottom of the document, right?) will be expired in 2019 (which was till the validity of the H1B). Now... what to do while looking for a job?

-do I have a grace period of 60 days (as stipulated by the regulation effective from the 17th of january. here is the reference: 8 CFR Parts 204, 205, 214, 245 and 274a [CIS No. 2571-15; DHS Docket No. USCIS-2015-0008] go o page 13)? I lose my status but can stay here since my I94 remains valid on the I-797...

- do I have to leave immediately and get an ESTA to come back as a tourist?

This is a very straight forward question but I'm still waiting on a straight forward answer... Please help! Thank you!

8 CFR Parts 204, 205, 214, 245 and 274a.pdf

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Thank you! That is was I thought too.. I actually emailed the document to the attorney affiliated with the institution I work for and she confirmed this morning... I'm still amazed I had to dig the information for them and they gave the wrong information to start with! (perseverance pays off!). This is excellent news and I'm so relieved! Also thank you Murthy law firm for creating such a useful forum! Five stars to you guys!

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  • 2 months later...

My situation is similar and worse. My H1-B got revoked in January 2017 without any prior notice from my employer. My employer didn't terminate me, didn't inform me about revocation, kept me employed and processed my payroll until March, 2017. They had made another application requesting the USCIS to not proceed with the revocation but unfortunately, it got denied. Now they told me I am out of status and they have to terminate my employment. My i-94 is valid until 2019 but Visa is revoked. However, I was looking for a new job and the new employers have applied for my H1-B as well. So,

1. if the new H1-B gets approved, can I start working for them immediately? 

2. Does my previous status affect USCIS's decision for approval this time?

3. What about the number of days that my previous employer kept me employed for and paid me while I was technically out of status?

4. Am I legally allowed to stay in the U.S since the other petition is still in process?

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Zil - your situation is rather complicated, and it's best you talk to a lawyer!

I've been technically out of status twice before (for only a week or two) due to the mess-up of the future employer, but it did not affect my processing. Hopefully USCIS will overlook honest (or incompetency) mistakes of the lawyer, but one never knows.

Sab1234 - what happened eventually? It's good practice to come back and state the resolution - if you seek help then at least have the courtesy to say what finally happened to the benefit of others.

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