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H1B - Stay after termination of employment

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  • H1B - Stay after termination of employment

    Hi All,

    My last day of working with my company was Aug 31 2017 after which I was terminated. My H1B visa is currently not held by any employer. My H1B visa is valid till May 2019. I had a discussion with a lawyer who told me that I can stay for 180 days from the last date of employment. Now, my 180 days will be over on Feb 27 2018.
    Recently I have been informed by another company that it is only 60 days.

    The questions which I have are
    1. Is 180 the number of days that you can stay from the termination date (beyond the 60 days, for additional 120 ?
    2. If it is not 180 days, Will I be deemed as Illegal in my present situation (It is 150 days from date of termination)?

    Note: I'm actively looking for projects and should be getting a project soon.

    Any help/information/guidance would be greatly appreciated.

    -Ram

  • #2
    termination day 0 out of status
    day 0 to day 60 you can transfer to a different employer without leaving
    day 0 to day 180 you can overstay without consequence
    after day 180 you face a 3/10yr ban

    Comment


    • #3
      Ban doesn't apply unless it's a case of "overstay".

      @OP: Regardless of anything and everything, if you are not overstaying your H-1B/I-94 validity period,
      the x-year ban is not applicable. Many people get confused between out-of-status and overstay.
      Both are different. With unexpired H-1B/I-94, it's out-of-status and *not* overstay. Hope this
      helps whoever has this sort of confusion. For further confirmation, you can search on the internet
      for knowing the difference between those two and their implications.

      This is based on the reliable sources I have read. Not a legal advice.

      Cheers.

      Comment

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