Some of the unfortunate H1B holders go through situations, where their company does a layoff as part of cost cutting, merger or acquisition…in the past, there was no concept of grace period and H1B holders were out of status upon job termination or layoff…but, in JanUSCIS made effective a set of rules that helps certain employment based non-immigrants such as H1B holders. As per regulation that came into effect in JanH1B Visa holders can get a grace period of up to 60 days to find another job or change visa status, if their employment on H1B visa is terminated due to layoff or other unforeseen reasons, before the end of their H1B petition validity.
You can see the actual regulation text in the adjacent screenshot. The reason for giving the grace period is for job portability for the employees to be able to find relevant work and continue their employment as their employment period ended before the completion of the given duration in their actual approval notice.
As we look at more details of the regulation at 8 CFR So, if your I or petition end date is before 60 days from your job loss or lay off, then your grace period is shortened until the expiration of your I date. See below highlighted text in green and purple. These 2 months or 60 days grace period gives the H1B or L1 holder to find another employer to file another H1B or do change of status to another visa as needed.
As per regulation, the 60 days grace period for H1B or L1 holders is not automatic, but discretionary. See red highlighted text above in screenshot.
Some of the common reasons that USCIS uses to reduce or end grace period is for situations involving unauthorized employment, fraud or criminal charges tied to the H1B holder. As long as you do not engage in any of these kind of activities, you should get fully 60 days grace period.
There is no special form required for requesting grace period. It is pretty much standard process, when you apply for transfer…additionally, you would need to submit proof of your layoff or resignation. This way, they would consider your status as valid, even if you do not have pay stubs. Now the catch is, if you quit or got laid off from Employer A and plan to re-join Employer A, lets say after 30 days during your grace period, then you do not get another 60 days grace period with Employer A as the same H1B petition will be used.
Unlike, if you transfer to Employer B, then as you have a new H1B petition with new validity period, you get another 60 days grace period.
You may watch below short video as well. The regulation does not differentiate between layoff, job loss, termination, resignation or quitting the job.
So, technically 60 days grace period should be available to all H1B, L1 and other visa holders, who either submit resignation or quit, instead of layoff. Having said that, USCIS has their discretion to decide or reduce the grace period, based on your case and circumstance as it cannot be taken for granted automatically.
Though the regulation does not differentiate between job loss vs. The original intent of the rule was to help highly skilled non-immigrants in dire situations.
So, it is NOT recommended to take the H1B grace period rule for granted and resign job and apply for transfer later…discuss with your attorney before you make any such decisions. Well, technically you are considered to be in valid status until you hit the 60 days grace period mark or expiration of I Ideally, the safest thing to do is leave and re-enter US.
It is always recommended to go for premium processing, if available, in situations like these. In general, you need to be in valid status to continue working. During 60 days grace period, H1B holder is technically in status, hence H4 Visa holder is also in status. So, logically, H4 holder with valid EAD maybe able to work during the grace period.
So, it is a grey area and you need to discuss with attorney. Also, as USCIS mentioned, the 60 days grace period is discretionary and not automatic, you need to be very careful. Better safe than sorry!My spouse changed from company A to company B company a extension is still pending which was applied just 2 days before expiry of i Company B transfer was applied after I 94 expirygot approval but without our extension of stay, As a result of this my H4 also got denied, stating the reason as extension of stay denied for principal H1b applicant.
Note: my spouse joined company B on receipt and company A visa extension is not revoked yet. I received my notice but H1b notice has not yet come, how long can I stay in USA, as employer A extension is still pending and employer A did not revoke the application.
And we r within days of law full stay employer A applied extension in regular process. Can my entire family go for visa stamping to Mexico even though our H4 is denied along with principal applicants approved i from employer B. Or do we have to go to home country to be on safer side, but home country appointment dates for visa r some where in March and employer B client might not wait that long. Or can only H1b travel to Mexico get stamped and come back then reapply H4 with approved H1b and I94 of principal applicant.
As we r still in extension non revoked status of employer A.
H-1B Discussion Forum
This is my 8th day since my H4 denail, people r saying we can stay until 2 weeks as we did not receive H1b applicant s approval notice to decide where to go. Currently, your spouse is out of status too as his extension of stay has been denied and he is not working for employer A. As per my opinion and the information you have shared, both H1B and H4 are out of status at this time unless H1B can go back to employer A and keep working.Why I was Forced to Move Back to India? Struggle on H1B \u0026 H4 VISA
How many max days we can stay here after we receive our i form without i94, Online approval notice we received on 23Jan but the hard copy we received on 30th. So accordingly we r trying to book appointment in Mexico. There is no official number of days that you can stay. It is better to leave immediately or as early as you can. H1B transfer approved without extension of stay USA. Hi My spouse changed from company A to company B company a extension is still pending which was applied just 2 days before expiry of i Questions: I received my notice but H1b notice has not yet come, how long can I stay in USA, as employer A extension is still pending and employer A did not revoke the application.
Please advise as I am afraid not to accumulate unlawful stay in USA. Or the notary itself is the witness? You can go to Mexico, Canada or home country for stamping.USCIS processing times for H1B visa petitions can sometimes get very long and some H1B holders may end up in situations, where they hit the days mark and not sure, if they can work or not. As the H1B premium Processing is suspended until Febmany H1B holders are in similar situations with the delays in processing times.
What it means is that, if USCIS denies your H1B extension petition earlier than days mark, from the day your previous H1B petition or I expired, then you need to stop working immediately and leave the country. Alternatively, if your H1B petition decision is pending with USCIS for days, from the date of expiry of your previous petition or I, you can continue to work for up to days.
To get this clarified, let us look at the official regulation now. The official regulation for day rule is published in federal register as 8 CFR a. As you can see in above screenshot of the regulation, it says that a H1B holder with pending extension petition can work for up to days from the date of expiration of authorized status, which is basically the expiration date of your previous H1B petition or I Also, if your extension petition is denied before days, then your work authorization ends immediately upon notification of the decision and you need to stop working and leave the country.
See below screenshot from the federal register : yellow highlighted one indicates working rule, green highlighted one indicates the text for start date for days, red highlighted one indicates the denial rule. If your H1B visa extension petition is pending with USCIS for more than days, you cannot work as per regulation after days from expiration of your I, but you can stay in the country, USA, waiting for decision until USCIS makes a decision on your petition and your stay after day mark is considered as authorized stay.
If your H1B petition gets denied after days, essentially your period of authorized stay ends on the day your denial decision was done and you are notified by USCIS on the same. You are essentially out of status and will accrue unlawful presence from the day of your denial. Your unlawful presence does not date back to your entire stay and only starts from the day of your denial decision from USCIS and will accrue from that day.
So, you need to depart US immediately after your denial decision is notified to you. No, the day rule does not apply to H1B Transfers. It is only applicable to H1B extensions filed with same employer. If your H1B transfer petition was filed on time before expiration of I and is pending beyond days, you can continue to work even after days, as the days H1B rule is not applicable in this context. You are considered to be in period of authorized stay, meaning you are not accruing any unlawful presence.
If your H1B gets denied anytime after days or before days, your work authorization ends on that day and you need to stop working and leave the country. The days starts from the day your authorized period of stay expires, which is nothing but end of your I date or approval date on your approved petition.
In general, day rule applies to pure extensions. With Amendments added as part of your extension, you maybe eligible to continue working even after days.
So check with your attorney. Every H1B case is different and there can be complications with continuous changes in visa rules, it is recommended that you discuss with your attorney on your situation, when you are dealing with day rule. I entered the US in January. The application is approved. Sydney, You should have got I extended with the approval. Check your approval notice. If not, then you need to get I updated.
You need to have valid I at all times. I received the extended I with new dates until Should I submit something online to correct that? Sydney, No need. Only CBP related I info can be checked online. My case was outside regular processing time. Ravi, It is probably a general message. It may or may not be…Check with your attorney. I dont have the benefit to see any email on this.My Employer is planning file a new Petition as a first step and then file MTR after couple of weeks before the deadline as it takes time along with the new Client letter.
If yes how long I can stay?
H1B Grace Period 60 Days USCIS Rule – Job Loss, You Quit, H4 EAD, FAQs
One to two weeks is still ok. If asked in future, you can say that it took sometime to wrap up things, sell stuff etc. As the I has expired, your petition should be filed as consular processing and you should go for H-1 stamping as you will have to leave US. Hoping to get at least one approved and get the stamping done in Canada. Your I has expired and you have no pending petition, and that puts you in illegal status. Thanks for the link. So you can stay for up to 30 days, but may still be questioned at the consulate or PoE as records would show that you overstayed beyond rejection date.
H1B Extention denied and I expired. Can anyone describe more of what could be my next steps. On approval of new petition can I switch my employer? Thanks in advance. If asked in future, you can say that it took sometime to wrap up things, sell stuff etc No need to worry about MTR in this Yes As the I has expired, your petition should be filed as consular processing and you should go for H-1 stamping as you will have to leave US. Thanks Saurabh.
As another option. Question is for my new to be employer do I need to mention about my previous Denial? Do they need my old receipt s who are deined for filling new H1B.? I agree. I am planning to move out of US at the earliest.Immigration Voice. Home H. Priority Date. My employer a consulting company in NJ has applied for my H1B extension 3 weeks before my first h1b expired. My question is: 1. In case of my h1b extension is denied, what should I do? Can my employer change my visa to L1? Are there any other options that I can stay and work in USA?
My employer is also would like to sponsor Green card EB2 for me. You must leave US on or before the current I94 expiry date, if H1 extn is denied. Stay after the I94 expiry date will be considered as illegal. GC is for future employment, there is no harm in starting the process if employer is ready to process.
My I94 was already expired 15 days ago and my H1b extension is in process. My employer said i am still legal to work for them even though my I94 was expired until i got approval or denial. Is my employer telling the true? Your current status is legal. Dont worry. Since your employer filed for your H1, you have a legal status till your H1B petition is approved or denied.
You can work based on the receipt that your employer got after filing your extension. Originally Posted by zapper. Originally Posted by goomail. If the extension is denied, ALL days after the I94 expiry counts towards illegal stay. Your employer can continue the GC processing, even if the H1 extn gets denied. It's upto the employer to make that decision. Your stay is valid upto when the decision is made on the extn request. Staying after the visas extension has been denied is considered illegal.
But it is not that you have to leave the country immediately. A period of around 30 to 60 days is provided to make necessary adjustments depending on the immigration rule of that country.Many people from all over the world want to experience the American dream, so they are trying their best to obtain an H1B visa. However, the government of the U. The extension process is affected by the recent changes too, so what can you do if you have your H1B extension denied? An H1B extension refers to the process of extending your visa.
As an H1B visa worker, you have a period of 3 years during which you can stay in the U. Only 3 years can be requested on a given H petition, though. An extension can be asked when the person wants to keep working and living in the U. Did you have your H1B extension denied? Well, this can happen for a few reasons. Here are some possible situations when your extension request may be denied.
The employer needs to provide some proper documentation when petitioning, such as company financial statements, property lease information, tax documentation, and active contracts that prove enough specialty occupation work. Not to mention that the employer should also provide documents that prove they have an established location.
Website printouts, licenses, brochures, and anything of the sort can prove it. This is why documentation is needed to prove that the employer is real and operating. Lacking them will ruin the whole application. Basically, the employee must be able to prove the knowledge or skill possessed in that particular field related to the job. The applicant also needs to get evidence of the resume of the employee, as well as experience letters from previous employers.
In order to have an H1B extension accepted, the employer needs to bring some proof of the relationship with the employee. Basically, they will have to show a work site or location where the H1B owner is going to work.
But if the petition says that the employee will work at the client location, there will be a few concerns. USIC may be wondering if the H1B worker will actually be working for the petitioning employer, or the employer is acting a certain way only to get by the rules.
Also, there needs to be proof that the subcontracting company will have no authority over you. In addition, there must be an H1B application submitted, as well as work contract agreements between the third-party worksite and petitioner.There is no automatic ten-day grace period in the H1B category, however. The limited circumstances in which an individual in H1B status might actually be granted the ten days of a grace period are explained here for the benefit of MurthyDotCom and MurthyBulletin readers.
H1B petition approvals have stated validity dates. These dates generally match the dates requested by the employer when filing the H1B petition. H1B petitions can be granted for a shorter period than requested by the employer, but the validity is always supposed to fall within the date range requested by the employer. If the H1B petition is approved with a change or extension of nonimmigrant status, the H1B approval notice will also contain an I card at the bottom of the notice.
This will have the same validity period dates as the H1B petition approval. The authorized H1B stay ends at the expiration of the I, not ten days beyond that date. There is a basis for the day grace period concept.
There are circumstances in which an H1B nonimmigrant may be granted an I card with an additional day period to remain in the United States lawfully and prepare for departure from the country after completion of the H1B work or assignment.
The confusion stems from a provision within the H1B regulations that addresses the authorized admission period for H1B nonimmigrants.
This provision states:. This regulation essentially sets forth that an H1B visa holder applying for admission at a U. While the U. This additional time is then reflected on the I card issued at the POE and often stapled in the passport of the H1B worker. This ten-day-grace provision, allowed by CBP at the POE, does not permit an H1B to arbitrarily add, or presume eligibility for, an additional period of time to the ending validity date on the I card.
If the I card ends on the same date as indicated on the H1B approval notice, even if the I was issued at the POE, the end date is the date when permission to remain in the U. On the other hand, the internal CBP guidelines make the granting of up to ten days an optional, discretionary decision on the part of the CBP officer. The actual practice with regard to the additional ten-day period is a bit haphazard.
There is nothing preventing an H1B holder from politely requesting that a CBP officer add the additional ten days to the I This is yet another reason that it always a good practice to closely examine the I card when it is issued by a CBP officer.
It is important to note that this is not additional H1B status. The individual is not permitted to work during this period.
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