Nobody knows: H1B revocation causes I-94 to become invalid and you are subject to ban or not?

H

hardworkingguy

Registered Users (C)
All lawyers are eager to say yes. The worse the situation the more they are in demand. But are there any serious lawyer out there that can answer this question with 100% certainty?

Question is simple: "When does unlawful presence start counting toward the ban for a laid-off h1b worker?"

Choose below:

1) When USCIS receives and process the revocation letter, in other words, some weeks or months after the actual job termination day?

2) From day one after the job was really terminated, in other words, it does not matter how long it takes for USCIS to process the revocation letter as the employer will inform the actual date?

3) Only after I-94 expires?

Also there is one answer in theory and one answer in practice. Has anyone had any experience with H1B visas holders being banned (3-year ban)?
 
1. From job termination day, one becomes out of status.
2. Revokation date by uscis begins the unlawful presence counter since the I-94 becomes invalid as of the date of revokation.
3. I-94 expiry also begins the unlawful presence counter if the h1 has not been revoked yet.
The above is my understanding.
 
So it is reasonable to assume that one-month after job termination.

My impression is that, *in practice*, unlawful presence starts only after i-94 expires.

But in theory it is termination day or something very close to it.
 
The unlawful presence starts counting as of the day after your I 94 expires. However you are out of status (and therefore deportable) as of the day your H1B ended (your termination day).
 
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