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h1b cancelled-180 day rule

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  • h1b cancelled-180 day rule

    My h1b visa was cancelled by my employer in Jan 2018 and he informed USCIS about the cancellation. The 2 month grace period ended in Mar 2018. Please advise if the 180 day rule (which allows an out of status person to stay in the US for 180 days without being barred from future reentry to the US) apply from Jan 2018 or Mar 2018.

    Thanks

  • #2
    Originally posted by vikb View Post
    My h1b visa was cancelled by my employer in Jan 2018 and he informed USCIS about the cancellation. The 2 month grace period ended in Mar 2018. Please advise if the 180 day rule (which allows an out of status person to stay in the US for 180 days without being barred from future reentry to the US) apply from Jan 2018 or Mar 2018.

    Thanks
    "Unlawful presence" only starts accruing when you stay past the date on your I-94. So even though you are past your grace period and you are out of status, you do not accrue "unlawful presence" until your I-94 expires (unless you apply for some benefit to USCIS and it is denied along with a determination you are out of status, or you are put into removal proceedings in immigration court and the immigration judge makes a final order against you). And only if you stay for 180 days past the I-94 expiration, and then leave, do you trigger a ban. But note that even though you are not accruing "unlawful presence" (assuming your I-94 hasn't expired), you are not "allowed to stay" -- you are still staying illegally and deportable.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If adhering to 180 days rules, also means illegal stay then what is the point in having this provision

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