6month limit on stay out of status on H1?

S

sujana123

Registered Users (C)
Hello,


I lost my job a few months back and have been out of status since. Is there a limit of maximum 6 months to be out of status in the US? If I get a job within this six month limit, do i have to go back to india for my H1? Thanks for your help.

Sujana
 
Yes, and no.

The day that you cease working for the sponsoring employer you are ourt of status and subject to removal (deportation) if detected (of course they would incarcerate you while doing the processing for removal).

You do not begin to accumulate overstay (at least) until the employer notifies BCIS to cancel your visa. You are not subject to any mandatory bar to reentry until you reach 180 days of overstay.
 
Find out if employer has notified BCIS. Arrange with them to give you a grace period, if you can. Sorry to hear about the layoff - good luck in your job search. Down the road, periods of illegality could cause problems for further H1s and Green card.
 
Hi Jim,

Good to hear from you again. What is the official time limitation to leave the country once you are terminated/laid off from a job? Is it 60 days or 20 days?

Sujana123,

Please keep it in mind that if BCIS can detect your status that you have been staying here in the USA without a job but had H1, i.e., you are out of status, then it will cause a significant problem in the future. They usually treat these kind of cases as illegal and next time visa issuance chances get much slimmer.....good luck any way.
 
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