H-1b visa grace period [merged threads]

[sammyiee 1]

Hi all... I am in an urgent situation so hoping you could provide some insights.

I was on an H-1b job contract with an employer that recently ended, and I am currently approaching the end of my 60-day grace period, with the grace period ending this Saturday.

I got a new job offer from an employer who is ready to file a new petition for me, but since my grace period end is approaching, and they are still figuring out paperwork (they haven't even filed LCA yet), I was wondering what alternatives I have to legally remain in the US? I just think going back home would make the situation more complicated with the visa stamping all everything.

Has anyone been through a situation like this?? I am just not sure how I should approach the situation from here.

 

Edited September 8, 2022 by TBoneTX

[arken 4,197]

7 minutes ago, sammyiee said:

I just think going back home would make the situation more complicated with the visa stamping all everything.

You want the complication or direct denial with no chance of change of status or transfer after being out of status.

Two choices but only 1 smart path.

 

1. Leave the US before Saturday. You wouldn't be out of status. Your employer will file for H1B and you will appear for the visa interview. The complication of visa stamping is natural.

 

2. Stay in the US beyond Saturday and then go out of status. Any H1b extensions or transfer or change of status will ultimately be denied. You then have to leave US regardless after accumulating bunch of overstays. This may prevent any non immigrant visas down the road.

[sammyiee 1]

29 minutes ago, sammyiee said:

 

Yes, but I am just trying to see if there are any other alternatives at all since they are in the process of filing. My employers are pretty oblivious to the H-1B process and just telling them that I'll be out of the country might make them feel insecure and more confused so a part of me is scared as well, if I have to leave the country there are a lot of uncertainties that would come from it.

 

[sammyiee 1]

Hi, so my last day of employment was July 12th, so technically isn't my grace period supposed to be until Sep. 12th? I am just confused about how grace period is calculated. 

[CMJuilland 485]

What visa have you been on? From what I have read, most non-immigrant work visas have a grace period of 60 consecutive days after they run out (see H1B, for example: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations). Careful, USCIS generally doesn’t calculate in full months, but in days. Ergo, 60 or 90 days are not two or three months respectively. 

 

 

[sammyiee 1]

2 minutes ago, CMJuilland said:

What visa have you been on? From what I have read, most non-immigrant work visas have a grace period of 60 consecutive days after they run out (see H1B, for example: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations). Careful, USCIS generally doesn’t calculate in full months, but in days. Ergo, 60 or 90 days are not two or three months respectively. 

 

 

H-1b..I am just confused about how the 60 days are counted from there

[arken 4,197]

16 minutes ago, sammyiee said:

Hi, so my last day of employment was July 12th, so technically isn't my grace period supposed to be until Sep. 12th? I am just confused about how grace period is calculated. 

 

1 minute ago, sammyiee said:

H-1b..I am just confused about how the 60 days are counted from there

Simple counting. Just count 60 days after July 12. That'll be Sep 10. Any day you spend in the US beyond Sep 10 will be considered overstay.

[sammyiee 1]

3 minutes ago, arken said:

 

Simple counting. Just count 60 days after July 12. That'll be Sep 10. Any day you spend in the US beyond Sep 10 will be considered overstay.

Thanks so...if I plan to leave the US on Sep 10, would that still be okay?

[arken 4,197]

5 minutes ago, sammyiee said:

Thanks so...if I plan to leave the US on Sep 10, would that still be okay?

May be, if i were you, i'd leave the US by tomorrow.

[Timona 4,207]

53 minutes ago, sammyiee said:

Thanks so...if I plan to leave the US on Sep 10, would that still be okay?

 

Not a good plan to leave last minute. We have stories here of people who did that, only to regret later eg natural disaster, cancelation, sickness etc. USCIS and US immigration won't care that a hurricane happened. They'll point that you had enough time.

 

As @arken said.

 

Had to edit as I didn't remember we're already in September 🤦🏽‍♂️

Edited September 8, 2022 by Timona

[TBoneTX 45,267]

Similar-themed threads have been merged.

[sammyiee 1]

4 minutes ago, Timona said:

 

Not a good plan to leave last minute. We have stories here of people who did that, only to regret later eg natural disaster, cancelation, sickness etc. USCIS and US immigration won't care that a hurricane happened. They'll point that you had enough time.

 

As @arken said.

 

Had to edit as I didn't remember we're already in September 🤦🏽‍♂️

Yeah I know, its so last minute as I was still waiting for my employer to file the petition on time and I was contemplating my choices and I am literally a day away from my stay expiring. I am so stressed I cant even begin to tell

[STO Overland 137]

You may want to discuss with your prospective employer about that submission. A quick google of "H1B grace period" pulled up this interesting site

 

Notes:

Grace period is 60 days or expiration of your I-94, whichever is shorter. I assume your I-94 validity date is enforce beyond September 10th otherwise you would be out of status already.

Grace period is not automatically granted but at DHS/USCIS discretion. 

 

If your employer has not yet submitted the transfer application and received the receipt notice by day 60, you need to leave the US. If your employer files on day 61 or later, you need to be out of the country.

 

Some quotes from

 

Quote

What if I exceed 60 days grace period with H1B Transfer ?

Well, technically you are considered to be in valid status until you hit the 60 days grace period mark or expiration of I-94. Once you go past 60 days, your status is no longer valid and you are considered as ‘Out of Status’.

Let’s say you apply for H1B transfer and get the USCIS receipt on day 60, you can still start to work from day 60 and it will be fine, but if you do not have the receipt on 60th day, you are entering a tricky zone and you should talk to your attorney and decide. 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.

 

When Can I Start working during Grace Period with H1B Transfer ?

You can start working for the New Employer, as soon as you have received the USCIS Receipt Number. E.g. If you lose your job and you filed for H1B transfer with new employer and got receipt after 20 days during the grace period, you can start working right away after you have receipt number from USCIS. You do not have to wait for completion of 60 days grace period.

 

Not sure which country you are from but maybe worth a trip to Mexico for a couple of weeks. If your employer is nervous about you not being around, it is better than causing you subsequent immigration issues by being around beyond day 60.

 

Good luck. I wish you well

[sammyiee 1]

4 minutes ago, STO Overland said:

You may want to discuss with your prospective employer about that submission. A quick google of "H1B grace period" pulled up this interesting site

 

Notes:

Grace period is 60 days or expiration of your I-94, whichever is shorter. I assume your I-94 validity date is enforce beyond September 10th otherwise you would be out of status already.

Grace period is not automatically granted but at DHS/USCIS discretion. 

 

If your employer has not yet submitted the transfer application and received the receipt notice by day 60, you need to leave the US. If your employer files on day 61 or later, you need to be out of the country.

I don't have an expiry date on my I-94 so technically, I have 60 days as my grace period for legal status.

4 minutes ago, STO Overland said:

 

Some quotes from

 

Quote

What if I exceed 60 days grace period with H1B Transfer ?

Well, technically you are considered to be in valid status until you hit the 60 days grace period mark or expiration of I-94. Once you go past 60 days, your status is no longer valid and you are considered as ‘Out of Status’.

Let’s say you apply for H1B transfer and get the USCIS receipt on day 60, you can still start to work from day 60 and it will be fine, but if you do not have the receipt on 60th day, you are entering a tricky zone and you should talk to your attorney and decide. 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.

 

When Can I Start working during Grace Period with H1B Transfer ?

You can start working for the New Employer, as soon as you have received the USCIS Receipt Number. E.g. If you lose your job and you filed for H1B transfer with new employer and got receipt after 20 days during the grace period, you can start working right away after you have receipt number from USCIS. You do not have to wait for completion of 60 days grace period.

 

Not sure which country you are from but maybe worth a trip to Mexico for a couple of weeks. If your employer is nervous about you not being around, it is better than causing you subsequent immigration issues by being around beyond day 60.

 

Good luck. I wish you well

If I plan to leave, I'll have to go through the consular process, and that can be a tricky situation. I am from Nepal so I am not sure what the waiting time is for getting an interview there. Some lawyers suggested me to apply for a bridge visa or apply for the change of status but it involves risk.

 

Thank you for looking into this and adding insights! Really appreciate it!!

[sammyiee 1]

On 9/7/2022 at 10:47 AM, arken said:

You want the complication or direct denial with no chance of change of status or transfer after being out of status.

Two choices but only 1 smart path.

 

1. Leave the US before Saturday. You wouldn't be out of status. Your employer will file for H1B and you will appear for the visa interview. The complication of visa stamping is natural.

 

2. Stay in the US beyond Saturday and then go out of status. Any H1b extensions or transfer or change of status will ultimately be denied. You then have to leave US regardless after accumulating bunch of overstays. This may prevent any non immigrant visas down the road.

Do you know what the wait times for H-1b visa interview is in Nepal since you're from Nepal? Also, I think I qualify for a visa interview waiver, I am wondering if that would make things any easier.