Unlawful status (out-of-status) X Unlawful presence (illegal)

[hardworkingguy]

I now understand that overstay (concerning 3-year and 10-year ban) starts counting from whichever comes first of the situations below:

1) I-94 expires

2) USCIS gets to know that the alien is out of status and does something about it.

So my understanding is that a H1B revoked will put me in fact in unlawful presence counting towards the ban. (Is that correct?)

If H1B does not get revoked, then I am out-of-status but not in unlawful presence. (Is that correct?)

So what are the chances of my h1b being revoked after I quit or get laid off? Will the employer just not bother to revoke it? If he fires me, can I ask him not to revoke it?

From: www cilawgroup.com/news/2009/05/15/when-does-unlawful-presence-start/

You can read: Note that accrual of unlawful presence does not begin on the date that a status violation occurs, nor does it begin on the day on which removal proceedings are initiated.

 

[ommoll]

"So what are the chances of my h1b being revoked after I quit or get laid off? Will the employer just not bother to revoke it? If he fires me, can I ask him not to revoke it?"

If the employer-employee relationship does not exist, you fall out of status because you are in violation of the terms of your h1b. After expiry of I-94 you become unlawful.

But trying to be smart here can backfire and in a big way. Eventually when you file for H1 transfer/extension/change of status, or I485, all your past history will be reviewed very carefully.

It is always better to change to h4(if possible) or leave the country while you are still in status. Then come back with a valid visa when situation improves.