Legal Question in Immigration Law in California

I realized yesterday that my H1B was revoked last week (Feb11th). My employer is rehiring me and plans to start the paper work next week (a new petition in Consular Processing). Is it OK to stay in US till the new petition is approved? or is it safe to return to India and then re-enter when the petition is approved? Does I have any grace period?


Asked on 2/19/16, 10:21 am

1 Answer from Attorneys

Your options will depend directly on why your visa was revoked. If you were laid off, there is no grace period for an H-1B worker once the employment ends. The H-1B visa category requires you to be working to maintain lawful status. Once your employment ends, you're not maintaining status. But, you may have some options.

Although regulations do not provide a grace period for unemployment between H-1B employers, USCIS generally approves petitions to change from one employer to the next and considers you to have maintained status if the gap is 30 days or less.

Also, while you may not be in legal visa status, one week has still not triggered any unlawful presence bars.

Your new employer must comply with all the requirements necessary for an H1B worker.

You can visit our website at www.USAMigra.com for additional information on immigration law. Our telephone number is 303-993-1973 and our email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 2/19/16, 10:33 am


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