Extension if unable to find job in 60 days

amarjain77

New Member
Hello,
I understand there is a grace period of 60 days in which a H1B holder can find a new job if he is fired. I have property and belongings here which needs to be disposed off before going back to India. If I can't find a job in 60 days can I get an extension to settle my business here before going back. Or else will it permanently make ineligible to come back to USA in case I have to overstay
 
Hello,
I understand there is a grace period of 60 days in which a H1B holder can find a new job if he is fired. I have property and belongings here which needs to be disposed off before going back to India. If I can't find a job in 60 days can I get an extension to settle my business here before going back. Or else will it permanently make ineligible to come back to USA in case I have to overstay

You must be working, and earning wages. You have 60 days to regain lawful status before being considered out of status.

Do not accrue any unlawful presence within the country, as it has serious ramifications.

I.e. if you have between 180 and 365 days accrued, then you are barred from the country for 3 years if you leave and attempt to return. If your unlawful presence exceeds 365 days, you’re barred for 10 years.
 
What are the consequences if you exceed 2 months but within 180 days?

Do not accrue any unlawful presence within the country.

Any such time can be held against you when applying for furure visas, especially as a tourist. It can also affect visiting other countries, as they will note you tried to frustrate immigration rules somewhere else.

Get a Real Estate Agency to sell any property for you. You need not be physically present for sale of property to be completed.
 
Do not accrue any unlawful presence within the country, as it has serious ramifications.

I.e. if you have between 180 and 365 days accrued, then you are barred from the country for 3 years if you leave and attempt to return. If your unlawful presence exceeds 365 days, you’re barred for 10 years.
One does not accrue "unlawful presence" until one stays past the date on one's I-94. The discussion here has nothing to do with "unlawful presence". Rather, he needs to be in status to extend H1b status when he gets another job.
 
H1 status is valid during wage employment; if employment ceases, you have 60 days, following which unlawful presence begins to accrue. Any overstay has ramifications. Presumably there is an i140 pending since 2011 or thereabouts and plans to return to the US down the road?
 
H1 status is valid during wage employment; if employment ceases, you have 60 days, following which unlawful presence begins to accrue. Any overstay has ramifications. Presumably there is an i140 pending since 2011 or thereabouts and plans to return to the US down the road?
After 60 days he becomes out of status. But "unlawful presence" does NOT start to accrue until his I-94 expires.
 
Ok so what happens if one goes out of status. What are the ramifications. Do you get RFE on your next H1B or green card application. What if I get an RFE? What problem does it create? Is it an issue if I go to India and go for visa stamping?
 
Ask them, and let us know.
H1Bs are short-term, temp visas. If a valid status is compromised by a loss of job or wages, preferable to exit the US and seek employment in another country than be out of status, which the prevailing mood in the US currently favors.
 
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