Risk of H1 B Termination when petition is pending and I94 has expired

I am in my 3rd year of H1B visa. I changed my job in Feb 2016 and my employer filed a standard petition with USCIS (Vermont) which was pending until now (my visa and I94 expired in Sept 2016). My project ended without notice on 02/28 and now I am looking for a new assignment. My employer says they will terminate my h1 after 4 weeks if I don’t get a new project. I converted to premium processing and USCIS received my request on 03/06. So a reply is expected by 03/20.

Please elaborate what should I do as this is a very stressful situation -

If I get RFE and my processing gets delayed, with revoked H1 what are my options if I don’t get an offer by then? My I94 is not valid so do I need to leave immediately?If my petition gets approved and I get a new I94, with revoked H1 can I stay and look for a new job? Am I going to be out of status because of H1 termination even when I have a valid I94 ? Do I need to leave the country immediately ?Can I stay for few days even after my H1 is terminated if I am close to finalizing a project? Will it be termed illegal or out of status stay?Is Jan 17 rule on 60 days grace period going to help me in some way?Your help will be highly appreciated.

Sorry for the late response. Are you still looking for advice on this?

Yes I do but I have re-framed the question based on current status.

My visa and I94 had expired in Sept 2016 and petition was pending with USCIS. Contract ended without notice, worked until 02/28 and got last pay stub on 03/03. Upgraded to premium and today(03/30) USCIS acknowledged they have received the response to RFE. I am still looking for a new assignment and my employer will withdraw my h1B on 3rd Apr. USCIS may take all 15 days (Apr 13) to approve my petition.

With petition pending and H1B withdrawn, I guess I can still stay as per the new 60 days rule. When does this 60 day count start - from the day you stop working (1st March) or from the day H1B is withdrawn (3rd April)? Do you see any other risk with my case?

60 days is from the last day of employment. So if your employer lets you go on 3/3, then that’s when it would start.

Hi Saurabh,
I read this link immi-usa.com/h1b-revoked-layoffs-faqs/
It says “This grace period extends from the day that you cease working for your sponsoring employer”
“This means that, if your employer ends your employment or you have your H-1B visa revoked, you will have about two full months to find a different sponsoring employer, change your status, have your I-140 petition filed, or leave the country.”

I will stop working for my sponsoring employer when they withdraw my H1B on Apr 3rd whereas I am out of employment starting March 1st. Doesn’t this mean my 60 day starts from Apr 3rd? Just trying to verify as my employer says it will start from withdrawal date but I don’t want to trust them blindly and jeopardize my future. Please help.

Will you be getting paid b/w Mar 1 and Apr 3?

No. Last I was paid on 3rd March for the work I did until 28th Feb. My employer is not paying for the downtime.

So will you be an unpaid employee of the company for a month? You will be out of status during that period.

When a future transfer is applied, USCIS will ask for proof of status. If you consider 60 days to begin from Apr 3 then they would ask for payslips until Apr 3, which you don’t have. If you consider 60 days to begin from Mar 3, then you have those payslips.

So to get approval of future transfer petition, it would be better to have the transfer applied before May 3.

Thanks Saurabh. Appreciate your quick help. I am unpaid and they asked me to fill a leave of absence form as if I have taken off for a month.
If I am not able to get an offer by that time, am I supposed to leave the country by Apr 29th (60 days from unemployment) or May 2nd (60 days from last pay date) ? I am not clear on that.

If its a choice b/w Apr 29 and May 3, I would say err on the side of caution. The rule is still new and we don’t know how strictly they would be w/ the dates. So leave by Apr 29.

That is what I am planning to do. Am trying to check with an attorney too.Will post here if I hear something.
Thanks again for your help.

Hi,

I am in the same boat currently. My H1b & i94 expired on Dec 2019. Extension filed in Dec2019 and project ended on Feb 7,2020. My current employer asked me to take unpaid leave. Payroll is not running after Feb 7,2020. What did u do in your situation ? Help me with input? Urgent help needed. Thanks