If your employment has been terminated, either voluntarily or involuntarily, you may have several options to remain in the USA. The regulations permit a discretionary grace period that allows workers in H-1B status, among others, to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter. If you are unable to timely file a change of status application or find a new employer, you may be required to leave the United States at the end of the grace period.
I was terminated from my position in April 2024. My I-94 expires in May 2024. Can I still use the 60-day grace period to find a new job?
No. Since your authorized period of stay will expire in May 2024, you will have until that date to file a new petition or application.
I quit my job before the end of my H-1B validity period. Will I still be able to use the 60-day grace period?
Yes. You may benefit from the grace period regardless of whether you quit or were terminated.
My wife and children are in the USA on H-4 status. Do I need to file a grace period case for them too?
Yes. Please consult a qualified H-1B Grace Period Lawyer for assistance with your case.
I was previously on H-1B status. I want to change to another status, but I am unsure of which one suits me best. What should I do?
Please consult a qualified H-1B Grace Period Attorney to determine your case specific options.
Can I change to any other status during the 60-day grace period?
You may change to any other status in which you are eligible.
If I file a change of status to B-2 visitor during the grace period, should I still leave by the 60th day?
No. The timely filing of the application to change status will stop the accrual of unlawful presence. Therefore, you may remain in the USA for a duration of time. If your application is denied, you will start to accrue unlawful presence the day after the denial decision.
I filed a change of status to B-2 during the grace period. Later, I found a new H-1B employer. Can the new H-1B employer file a case on my behalf?
Yes. However, you should consult with a qualified H-1B Grace Period Attorney regarding the additional steps that may need to be taken.
What documents do I need to provide in my grace period case?
Every case is different. Please contact a qualified H-1B Grace Period Attorney to determine which documents will be required for your grace period case.
I could not find a new H-1B position by the end of the grace period. I ended up leaving the USA. Do I need to go through the H-1B lottery again?
No. You may seek readmission to the USA for any remaining period of your H-1B status.
I need specific advice for my H-1B grace period case. What should I do?
Please contact our H-1B Grace Period Attorney to schedule a paid consultation.
