H-1B Grace Period After Employment Termination : H-1B Grace Period Misconception


If you, like many others, are under the impression that you have a ten day H-1B grace period after your employment termination, it is likely because of a misunderstanding of the validity period regulation:

“A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.”  H1B Visa Process Check UT Evaluators

The USCIS does grant up to a 10-day grace after an H-1B visa ends (and the employer doesn’t file an extension) for the individual to get their affairs in order and prepare to leave the U.S.

However, this only applies to the natural end of the visa’s validation period. If your employment is terminated before the end of that period, then these 10 days do not apply. Fortunately, you will still be protected by the new 60-day grace period.

As dictated by the terms of the H-1B visa, you have to be working and earning wages from your employer in order to maintain lawful status. If you remain employed but your employer no longer pays your wages, you will have 60 days to regain lawful status before being considered “out of status”. For H1B Visa Process Visit here

Unlawful Presence

It’s important to not accrue any unlawful presence within the country because that does have serious ramifications. For example, if you have between 180 and 365 days accrued then you are barred from the country for 3 years if you leave and attempt to return. If your unlawful presence exceeds 365 days, you’re barred for 10 years.

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