180 days period before unlawful presence

[Tina_Sharma]

Hello Everyone,

I recently got laid off on H-1B. My last day was March 31st. My grace period ended on May 29th. I read that we can stay in US for 180 days before unlawful presence is accrued. Does this 180 days period include my 60 day grace period or it starts after my grace period ended? 

 

Thank you

[JoeF]

You are out of status when the grace period expires and you don't have a new petition pending.

Being out of status makes you illegal.

"Unlawful presence" is separate from that. It starts when you overstay the end date of the I-94.