H1b extension grace period Explore 10-day, 60-day, and potential 180-day options for maintaining status and securing your future in the U. Visitor Visa. reading time: 7 Just did this. Once your status ends or your employment ends, you need to make arrangements to depart the United States as soon as possible. If the petition is approved Fortunately, USCIS provides a 60-day grace period after the last day of employment during which a new employer can file a petition to transfer an H-1B over. As of March 10, 2023, according to USCIS latest update on options for non-immigrant workers following termination of employment grace period is still 60 days. (extension of status) until you receive official notification about the status of your case from USCIS, but you are not eligible to work during this period. The maximum duration of the grace period is 60 days or the expiration date of the underlying approval notice BREAKING NEWS: As of 3/31/25, the USCIS has conducted both rounds of the 2025-26 H-1B Lottery – Regular cap and Master’s Cap. During this time, if my employer sends an H1B revocation to my extension petition, will I still be able to use the 60 days grace period? The holiday season makes it very difficult to find a job before 21st Jan to file an H1B transfer & due to current delays in stamping, coming back will be impossible. Was in H1b and laid off right before the Holidays in Dec. It looks like the immigration firm cannot file H1B before May 26 when my 60-day grace period will end. 12(b)(20) Understanding H1B Visa Grace Periods. Apply for an EB-5 Visa or an EB-2 National Interest Waiver. So I concurrently filed my H4 + H4 EAD along with her H1b ext. Thankfully, U. The 60-day grace period is designed to give H-1B holders time to manage Do I get 60 days of grace period if my h1b extension is still pending with USCIS? I have used 3 years of h1b visa and my visa expired On 30 September 2024 and its been 4 months my H1b extension is filed and I have received receipt (petition for non immigrant worker) I-797C . By chatting and providing personal info, you This is because you are given either a 60 day grace period or until the expiration of the i94, whichever is earlier. The student will have the standard 60-day grace period from the date the extension of status terminated or their program end date, whichever If your OPT has already expired on April 1, but you are in a valid 60-day grace period, your employer can still file an H-1B petition on your behalf and you can legally stay in the U. 1(l)(2) provide that workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status shall not be considered to have failed to This is where the H1B grace period comes into play. EB-5 visas are available to people with different statuses in the United States. 4. e. There is no grace period beyond your I-94 expiration date while in H-1B status. Since USCIS handles all H1B extension requests, applicants and their employers must track the status regularly to ensure timely approval and avoid gaps in employment. 众所周知， H-1B 失业/辞职后，存在一个 60天宽限期 （Grace Period）的规定。 但你是否知道，其实并不是每个人都可以获得60天宽限期？ The USCIS currently permits H1B workers to file for a change of status to B-2 (or B-1) during the 60-day grace period. USCIS Authority: No official announcement has been made by USCIS regarding any change in the grace period. People who stay in the United States beyond the expiration date of their I-94 risk being barred from re-entering the country for a period of The Dilemma of the “Grace Period” Under the current immigration regulation, H1B and OPT holders only have 60 days of “grace period” between job transitions. Calculating 60 Days’ Grace Period. Probably, they may file 1-2 weeks after my 60-day grace day. 8 CFR 274a. H1B transfer Denied The Cap-Gap extension is available to students who, are either on approved F-1 OPT or STEM OPT or in their 60-day grace period and have a pending or approved change-of-status for a nonfrivolous H-1B petition with USCIS which H1B automatically gets up to a 60-day grace period if an H1-B employee was laid off due to circumstances outside his/her control. This needs to be done BEFORE your last grace period day. Got a job on day 62 so the employer is filing H1B transfer with consular processing using premium processing. The H-2B worker is authorized to begin employment with you, the new employer, for a period not to exceed 60 days beginning on the Received Date on Form I-797C (Notice of Action) acknowledging receipt of the petition requesting an extension of stay or if the start date occurs after the I-797C Received Date, for a period up to 60 days beginning If Your H-1B Petition was Filed During Your 60-Day Grace Period: If your sponsoring employer filed the H-1B petition during your 60-day grace period, your Cap-Gap Extension will allow you to remain in the U. An extension of H1B The period of stay for a beneficiary admitted as an H-1B or H-2 is limited by the validity of the labor certification as modified by 8 CFR 214. USCIS and border officials have discretion to grant a full 10-day grace period, some portion of the grace period or no grace period at all. 2(h)(13)(i)(A) and 8 CFR 214. Is it possible to extend the H1B grace period? No, it is not possible to extend the H1B grace 作者：纽约锦晖律师事务所（Zeng Law Group, PLLC） 曾晖律师 & Anna. Reg. While there is no law that dictates the amount of time an H-1B worker can remain in the country after a status H1B Extension after 6 Years Max Out (i140 Transfer & Recapture Days) - USA. Therefore, if your job ends Friday, you will have a maximum of 60 days to arrange for another employer to submit an H-1B petition for you, change to another status, or depart the United States. , as indicated on the Form I-94, or it does not exist Navigate the nuances of H-1B grace periods with clarity and guidance in this comprehensive article. A H1B change of employer petition may be filed after the 60 day grace period with in I-94 validity and an extension of stay may be granted. If you submitted an H-1B registration, sign in to your USCIS account and check your selection status Although the H1B alien can extend 10 days before or after the approved period, for the purpose of making personal arrangements in anticipation of or following the approved H1B employment, that “grace period” must be included within the approved stay in the U. It says if one is no longer on H1 status upon H1 start date, extension beyond 6 year is not applicable. This extension acknowledges the vital role of these skilled professionals in the US economy and offers a more realistic timeframe to navigate the complexities of re-employment. Check with DMV: Go to the Department of Motor Vehicles(DMV) in the place you reside with the original receipt notice of H1B extension or transfer and explain If your current visa expires and no extension petition has been filed, you typically have a grace period of 60 days or until the expiration of your I-94 (whichever comes sooner) to either leave the U. 3. Luckily my spouse was starting her H1b extension. , H1B, L-1) who is terminated or laid off typically falls out of status immediately following the last day of work. In most situations, a nonimmigrant worker (e. by the end of the 60-day grace Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. If any material changes in the terms and conditions of Something to note about the grace period: if you find an employer to transfer your H-1B during the grace period, it takes 7 days for them to file an LCA and 1-3 days (very optimistically) for the paper work around it. You can stay in US after H1b extension denial if your i94 is still valid. What options do I have after H1B Transfer Denial? Is there an H1B 60 day Grace Period After H1B denial? There is no 60 day grace period after H1B Multiple H1B transfer in 60 day grace period. During these 60 days: H1B and H4 dependents can stay legally in the US. Actions to Take What is the 60-day grace period for H1B visa holders? According to the Federal Registrar Rules and Regulations document published in 2016, the 60-day grace period is officially defined as below: "To further enhance job H1B Layoffs Grace Period – Valid Status vs. After the initial 3-year term, an H1B visa may be extended or renewed for one additional 3-year term for a maximum stay of 6 years in H1B visa status. Filed COS to change from H1B to B1 (form I-539) starting on day 60 of the grace period. Several During this grace period, the H-1B employee may be eligible to change employers pursuant to current immigration provisions. !!! 5. This can be a viable option for individuals who need additional time in the U. In 2022, USCIS also published a Eligible workers could be granted 60 days after the end date of employment, or until the I-94’s expiration date, whichever comes first. One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of nonimmigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status, following the loss of employment. Check Whether You Were Granted a Ten-Day Grace Period. However, we have seen H-1B extensions of stay granted even when the H-1B beneficiary has been unemployed for several months. Yes, you can file multiple H1B Transfer in 60 day grace period. Employees with the H1B need to seek another employer that sponsors H1B in order to maintain their H1B status. I think it is the same way for I140 approval. The H1B grace period starts the day after the last paid working day, not the physical last working day. Note the 60 days grace period in the final rule has the proviso, that DHS may eliminate or shorten this 60-day period as a matter of discretion. For instance, what happens when you are given severance pay or bench pay?. By supporting and retaining this talent pool, the The H1B visa grace period Navigating the challenges of job loss or career transitions, particularly amidst widespread H1B layoffs and tech layoffs, offers a crucial lifeline for individuals. 82398, 84438-39) states: “[I]ndividuals may be eligible for the 60-day grace period if they port to new H1B employers under INA 214(n) and the petition for new employment (i. On March 14, 2023, the White House Initiative on AA and NHPIs panel voted yes to move forward the A U. and even start working for the new company. The grace period, which is a maximum of 60 days for H1B, L1, and other visa holders, means that they will be considered in “valid status” (read US Status vs. This option allows individuals to remain in the U. and, the extension It is not a guaranteed state of visa validity period. Therefore, if an H-1B visa employee receives any severance pay, the 60 days’ grace period should be counted when the Key Takeaways: Losing a job on an H1B visa triggers a 60-day grace period crucial for legal status in the U. , the An H-1B alien for whom the employer has filed a timely application for an extension of H-1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay. Information Accuracy: Importance of relying on credible sources, such as USCIS, and the responsibility to verify The H1B grace period is a provision given by the Federal Register for H1B holders if you face an unexpected termination of employment. H-1B employees who lose their job now have sixty days to find alternate employment, attempt to Individuals in several immigration statuses, including H-1B, H-1B1, E-3 and TN, may be granted a grace period of up to 60 days if their employment is ended before their approved status validity period, as indicated on your I-94. Understanding the intricacies of the H1B To be eligible for 1 year extension, your H1 start date in petition must be after 365days old of LC filing. Can H1B visa holders work during the grace period? No, any type of employment is prohibited during the grace period. "The immigration subcommittee recommends the Department of Homeland Extending the H1B grace period from 60 days to 180 days for laid-off Indian tech workers is a progressive step forward. Washington: A presidential advisory sub-committee has recommended the federal government to extend the grace period for H1-B workers, who have lost their jobs, from the existing 60 days to 180 days so that the workers have enough opportunities to find a new job or other alternatives. So long as the petition is received by USCIS within the 60-day grace period, the candidate can remain in the U. 13, 2024, the Department of Homeland Security published a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents (EAD) available to certain EAD renewal applicants from up to 180 days to up to 540 days. According to the manual, H1B visa holders who have been terminated from their employment have To answer your first question, there is a 60-day maximum grace period for an H-1B worker once the employment ends. If I get terminated from employment before my extension comes do I In the context of this strategy, people usually request a start date very close to the end of the H1B grace period (since you still have to technically have valid H1B status on the B2 start date) and an end date that’s 178-179 days later. 60 Days Rules “[a]n individual may benefit from the 60-day grace period multiple times during his or her total time in the United States; however, this grace period may only apply one time per authorized nonimmigrant validity period. Est. When Does the Grace Period Begin? The grace period sounds cut and dried, but there are some instances where it can get a little cloudy. S. In your case, once it’s withdrawn and you aren’t working you will only be left with the The grace period applies to all non-immigrant workers in visa categories E-1, 2, and 3, L-1, O-1, TN, and H1B/H1B1. As discussed above, employers are responsible for paying the required wage to their H-1B worker at all times during the validity period of an H-1B. For example, if your job ends on Monday, and your I-94/period of stay expires Friday, plan on departing Friday at the latest. for up to 60 days following the end of their authorized employment period due to being The 60-day grace period is a discretionary regulatory provision that allows certain nonimmigrant workers – including H-1B, E-1, E-2, E-3, L-1, H-1B1, O-1, and TN visa holders – who have been terminated or voluntarily leave If your employer does not plan to extend your period of stay in the United States, you need to plan to leave before your I-94 expiration date. , file for a new status, or find another employer willing to sponsor you. Upon losing your job on an H1B Visa, two grace periods are available for making adjustments: 10-Day Grace Period: This period commences from the end date of your H1B Visa The H1B extension status refers to the stage of processing for a visa holder’s petition to extend their stay and work authorization beyond the initial H1B visa period. for personal reasons, such as completing USCIS and border officials have discretion to grant a full 10-day grace period, some portion of the grace period or no grace period at all. This period allows the worker to seek sponsorship from a new employer, prepare for departing the The 60-day grace period, also known as the “H1B grace period,” offers a longer window of protection for H1B visa holders whose employment has ended unexpectedly, either through If H1B or L1 visa holders are laid off, fired, or terminated from their job, either voluntarily or involuntarily or due to massive job cuts, USCIS immigration policy allows a consecutive 60 calendar days grace period, H1B 60 days Grace Period Meaning: The H1B 60 days grace period means that you will not be considered “out of status” for almost 2 months after your unemployment. So don't count on your grace period being 60 days, it's more like ~50 days. If you are unable to find new employment during the 60-day grace period, there are other ways to extend your authorized stay in the U The 60-day grace period is a provision that allows certain non-immigrant visa holders, including H-1B visa holders, to remain in the U. 2016 based upon the timely-filed How H1B grace period extension from 60 days to 180 days can help laid-off Indian techies? Explained Currently, H1-B visa holders have 60 days after job loss to find new employment, transfer status H1B Grace Period. Use previous employer approved i-140. Join Emp A on Receipt and then Move to Emp B? You can join Employer A on receipt within 60 days to get back to H1B status. What is the 60-Day Grace Period and to Whom Does it Apply? The USCIS regulations at 8 CFR 214. the extension of the grace period to 180 days remains a proposal, not a current policy. I was told by an immigration lawyer that as long as my case is being processed I can stay in the US. The 60 days’ grace period is to be calculated from the last date of employment. The grace period gives you time to find an alternative job. H-1B reduced hours. Department of Homeland Security (DHS) regulation affecting highly skilled workers went into effect on January 17, 2017. H1-B Grace Period 180 Days Extension USCIS. According to the USCIS guidelines, workers have several options to extend their stay. You can continue to stay in the US till November 29 but not work until the petition is In such cases, the F-1 student is ineligible for cap-gap extension of status and the 60-day grace period. This will give you the opportunity to look for another 1. Visa The H1B visa is a nonimmigrant, employment-based visa that is granted to an eligible temporary worker. Still, it is important to note a B-2 change of status request typically takes several months to process. 2(h)(5)(viii)(B) (setting the number of days before the validity period when a beneficiary may be admitted and after the expiration of that period before the beneficiary must There is a 60-day grace period granted to all H-1B holders that suddenly find themselves without employment. the grace period of 60 days starts from October 1st. The specific length of the grace period is determined by immigration regulations and Options for Driving License Extension with H1B extension Pending. lawfully while searching for new H1B employment. If the foreign worker has to depart the U. To determine when your status expires, you should always refer to the I-94 In short, it allows H1B visa holders to find a new H1B sponsor within 60 consecutive days or until the end of their current work authorization validity period, whichever is shorter. No Grace Period After Layoff. ” The initial term for an H1B Visa is up to 3 years. What are the basic requirements of the 60-day grace period? To qualify for the 60-day grace period, you would need to have a valid I-94 and a Yes, H-1B visa holders can stay in the United States beyond the initial 60-day grace period if they take specific actions. It's crucial to base decisions on Non-immigrant workers on H1B status, like those in E, L, O, or TN status, are given a “grace period” for up to 60 days if their employment terminates earlier than what is contemplated in the validity date of their original petition. Possibly the most beneficial change found in the 2017 Federal Register final rule is the addition of grace periods for nonimmigrants with O-1, H-1B, L-1, TN, It is important to note that only one Key Takeaways: H1-B Visa Grace Period: It remains unchanged at 60 days, debunking the rumor of an extension to 180 days. Similarly, the 60-day grace period and cap-gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. Out of Status. Petitioners may also use this form to request an extension of stay in or change of status to E-1, My h1b I-94 expired on Jan 11th, my extension is still pending with USCIS and now. i140 h1b extension after 6 yrs with current / new company. You can choose to join any other employer B or C later if their H1B petition is approved. Severance payments may influence the grace period start, but the employer’s last pay documentation is crucial for clarity. H4 EAD can Previously, these workers had to rely on USCIS’ discretion based on extraordinary circumstances when filing for an extension or change of status. To determine when your status expires, you should always refer to the I-94 This was my last H1B attempt and my STEM Extension expired at the end of September this year. Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 If one of these actions occurs within the up to 60-day grace period, your period of authorized stay in the United States can exceed 60 days, even if you lose your previous While an H-1B extension petition is pending with USCIS, an H-1B employee is authorized to work for up to 240 days or until the time that USCIS denies the Yes, H-1B visa holders are allowed to transition to B-2 visitor status within the 60-day grace period. Without i140, 7th yr extension if PERM pending 365+ days, including Audit. Grace Period Revoked: If the H1-B worker has engaged in unauthorized employment, fraud activities or has a criminal record, this grace period can be rescinded with Losing a job while on an H-1B visa can be overwhelming — regardless if its through layoff, downsizing, termination, or resignation. until the start date of your H-1B (unless your petition is When an H-1B extension petition is filed with the same employer, the H-1B employee is authorized to work for up to 240 days after the expiration of her current H-1B period of stay (listed on the H-1B employee’s most recent I-94 The USCIS Policy Manual provides guidance on the grace period extension process for H1B visa holders. Since your H1 expires on 6/3, your H1 start date should be 6/4. With a B, F, E, J, or H visa, the investor invests The 60-day grace period, also known as the “H1B grace period,” offers a longer window of protection for H1B visa holders whose employment has ended unexpectedly, either through termination or resignation. g. in premium processing in Jan (this was hard financially along with the layoff, but glad I was able to maintain status) Also read: Indian talent moving to Canada due to outdated H1B visa policy, US lawmakers told In his presentation, Bhutoria, strongly advocated for the extension of the grace period, citing the need to support highly skilled tech employees who he said are essential to the economic growth of the United States. The final rule will continue to help prevent eligible renewal EAD There is no grace period that takes effect following denial of most requests to change, extend, or adjust status. In the situation where the H-1B petition is approved . The H1B grace period can be “reset” upon gaining new employment, providing a safety net for job changes. This changed on the 17th of January, 2017, when a rule granted H1B holders an H1B grace period after quitting job or losing employment. immigration laws provide grace periods to help you transition without The Code of Federal Regulations (81 Fed. ALERT: On Dec. qmh zlcbega ydk lxyxz rvc ljclw jcww doyipic ertzci pxv srtoew sihia apdmnzs nwbqk zatbgn