H1B Laid off: Current H-1B (I-94) valid till 1st 30 days only


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Posted

I need some guidance here:
-I've approved I-140
-My H-1B extension is in progress

I got laid off this month and my current H-1B (I-94) is valid only for 30 days after my last employment day.  My H-1B extension is in-progress but it may be revoked by my employer after my last working day without being approved.

If the new petition gets revoked even before it has been approved, do I still get 60 days H1B grace period after my last employment day ? 
I'm getting all kind of confusing answers on this.  Kindly clarify the same. TIA!

Posted

No. Your grace period lasts until 60 days after cessation of employment, or until your I-94 expires, whichever is sooner. In this case, your grace period will last until your I-94 expiration date.

Posted (edited)

Your grace period is only until the last day on the I-94.

The rule is very simple: 60 days or the expiration date of the I-94, whichever is shorter.

Edited by JoeF

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