H-1B Grace Period in the United States
Non-immigrant workers who have their employment terminated voluntarily or involuntarily have alternate options for staying in the country based on the current rules and regulations.
According to the regulations that allow for a discretionary grace period will permit workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN categories (including dependents) to keep their status after termination of employment for a maximum of 60 days or until the end of the permitted validity period or whichever is shorter.
The employee may maintain their non-immigrant status throughout this period, if a new employer timely files a petition request for an extension of stay on the employee's behalf.
Candidates are entitled to the maximum 60-day grace period once during each valid employer petition validity period. In case of termination from employer, then USCIS may favorably apply its discretion in granting grace period and consider you to have maintained status for a maximum of 60 days.
Furthermore, they will qualified for an additional 60-day maximum grace period during the petition validity period with Employer B after receiving a new employer petition approval with a new validity period.
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Tips for foreign workers in the United States
- It is crucial to be precise when scheduling your 60 day grace period after the last day of employment.
- Each new I-94 that you obtain presents an opportunity for an additional 60-day grace period. This means that if a worker receives a fresh H-1B approval subsequent to their initial layoff, they may be eligible for an extended grace period beyond the initial 60 days.
- Taking action to maintain legal status is crucial whether applying for a new H-1B with a different employer, tourist (B-1/B-2), or a change of status to a student (F-1).
- While your B-1/B-2 visa application is being processed, you can request a change of status to H-1B if you are unable to find a new H-1B sponsor immediately. The B-1/B2 will also be immediately settled by USCIS when the new employer submits another H-1B application.
- You can start your own companies and have sponsored your own H-1B visas in case you cannot find a new employer within the grace period or the time while the B-1/B-2 visa is pending.
- Individuals with STEM degrees obtaining a green card under the EB-1 or National Interest Waiver categories could offer a pathway to long-term residency and employment stability in the United States.
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