grace period after H1b revoking


giri2323

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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

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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.)

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