giri2323 Posted February 27, 2012 Report Share Posted February 27, 2012 Hello, I am currently working for a company XYZ in USA. If the company revokes my H1b petition, what is the legally allowed time period to stay in US after that? I did some search in google but found various answers. Some said that the employee should leave immediately and some said they can stay back for about 10 days. Can you please let me know the grace period and refer me to a uscis link if you have Thanks&Regards, Giri Link to comment
JoeF Posted February 27, 2012 Report Share Posted February 27, 2012 There is no grace period when a person on H1 is laid off. The 10-day confusion comes from the fact that there is one situation which has a grace period: when the H1 runs out, there is a 10-day grace period. But again, not when the person is laid off before the H1 expiration date. This is all listed in 8 CFR 214.2(h). Oh, and if you are laid off, the company by law has to pay for your retrun transportation to your home country (not for dependents, though.) Link to comment
kalyan_ac Posted February 27, 2012 Report Share Posted February 27, 2012 It depends on when your company files to revoke your H1b petition. Generally upon discussion with your HR, they accept to do that upto 15 days after termination. But to answer your question, you should leave immediately. Link to comment
giri2323 Posted February 28, 2012 Author Report Share Posted February 28, 2012 Thanks JoeF and immigration seeker for your inputs. I will ensure I make my arrangements accordingly. Link to comment
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