Frequently Asked Questions - Status
When used in relation to immigration, this is another name for being LEGALLY present in the USA
- When Does One Become H-1B Cap Exempt?
- Impact of Taking a Long Break While on H-1B
- What can be Done if an H-1B is Denied While in the USA?
- Status and Unlawful Presence Questions in the Form DS-160
- H-1B Visa Denied and Petition Sent for Revocation
- Applying For H-1B Visa When There Was A Status Violation
- H-1B Laid Off Issues
- Simultaneous filing of H-1 amendment and extension
- Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.