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Attorney_22

60-Day Grace Period for Nonimmigrant Workers

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This week, Murthy Law Firm attorneys will answer questions regarding the 60-day grace period available to various different categories of nonimmigrant workers.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

 

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Hi Attorney Murthy,

I work for an IT consulting company in a Employer-Client-Vendor model. My 9th year of H1B is expiring in August 1st week of this year. If my company is not able place me at a client place before my current h1b/i94 expires (becnch), will the 60 day grace period rule be applicable to me in this scenario?

Regards,

Srikanth

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My husband lost his job on May 2nd, 2017.  He was on H1B visa.

#1: I would like to know the process to apply for H4 visa (as my dependent) and then apply for EAD under my I-140 approval. 

#2: Let me know how long he can stay on H1B before going out of status (is it 60 days?). 

#3: If in case he finds a new employment and transfers his current H1B or applies for COS to H4, does he have to do so prior to the end of 60 days or after? Also, does he have to submit his application prior to end of 60 days or need to receive receipt notice of his application prior to end of 60 days?

Please let me know

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Hi!

My previous employer has filed to revoke my H1B. I currently have 33 days remaining in my 60 day grace period and my H1B expires in Jan 2018. I want to know what happens if-

  1. A new employer files my H1B transfer and I get another job in the process and they also file my H1B transfer. Can the 1st employer withdraw its application?
  2. If I get the offer letter within the remaining days but H1B transfer has not been filed (packet hasn't been sent out to USCIS), what will happen in this scenario? Will I be allowed to stay until the employer files for my transfer?

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I lost job on H1B and now looking for new one

1. The 60 day grace period is 60 business days or calendar days?

2. If I am not able to find job till say 50 days, can i go out of country say Canada and come back in when I get job (and technically save my 60 day grace period?

3. My wife has been working on her H4 EAD- can she work during the 60 day grace period?

Thanks

 

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1. My employer hasn't filed for my H-1b renewal yet and my H-1b will expire in another couple of days. Am I safe to continue to work in my current client location if my H-1b renewal petition is filed on or before my H-1b expiry date.

2. Is it legally allowed for me to continue to work if another employer files for H-1b transfer for me and waiting on the approval with the current H-1b has expired?

 

Thanks

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Dear Attorney,

  Has your esteemed firm had success stories with recent cases, since RIN 1615-AC05 came into effect on Jan 17th 2017,  where an H1-B holder with an approved I-140 has been awarded the grace period following the unfortunate situation of a job loss ?

Thank you

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On 5/26/2017 at 8:22 AM, spinmail07 said:

Hi Attorney Murthy,

I work for an IT consulting company in a Employer-Client-Vendor model. My 9th year of H1B is expiring in August 1st week of this year. If my company is not able place me at a client place before my current h1b/i94 expires (becnch), will the 60 day grace period rule be applicable to me in this scenario?

Regards,

Srikanth

The following article should answer your question, however if you would like to discuss your personal situation in detail I advise scheduling an appointment to speak with one of our attorneys: https://www.murthy.com/2017/03/06/grace-period-nonimmigrant-workers-following-loss-of-employment/

 

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On 5/26/2017 at 2:32 PM, Davidvictor1 said:

My husband lost his job on May 2nd, 2017.  He was on H1B visa.

#1: I would like to know the process to apply for H4 visa (as my dependent) and then apply for EAD under my I-140 approval. 

#2: Let me know how long he can stay on H1B before going out of status (is it 60 days?). 

#3: If in case he finds a new employment and transfers his current H1B or applies for COS to H4, does he have to do so prior to the end of 60 days or after? Also, does he have to submit his application prior to end of 60 days or need to receive receipt notice of his application prior to end of 60 days?

Please let me know

Your husband must file for a change of status, or a change of employer H1B within the 60 day grace period. To discuss the process and the best options you can call our office to speak with one of your attorneys. 

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On 5/27/2017 at 0:09 PM, sankyroon said:

Hi!

My previous employer has filed to revoke my H1B. I currently have 33 days remaining in my 60 day grace period and my H1B expires in Jan 2018. I want to know what happens if-

  1. A new employer files my H1B transfer and I get another job in the process and they also file my H1B transfer. Can the 1st employer withdraw its application?
  2. If I get the offer letter within the remaining days but H1B transfer has not been filed (packet hasn't been sent out to USCIS), what will happen in this scenario? Will I be allowed to stay until the employer files for my transfer?

The change of employer H1B petition must be filed within the 60 day grace period. 

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On 5/28/2017 at 9:36 AM, pawanctc said:

1. My employer hasn't filed for my H-1b renewal yet and my H-1b will expire in another couple of days. Am I safe to continue to work in my current client location if my H-1b renewal petition is filed on or before my H-1b expiry date.

2. Is it legally allowed for me to continue to work if another employer files for H-1b transfer for me and waiting on the approval with the current H-1b has expired?

 

Thanks

Your H1B employment authorization continues with the timely filing of an extension or change of employer petition. To discuss this in detail it is advisable to schedule a time to speak with one of our attorneys. 

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19 hours ago, FlyingIsland said:

Dear Attorney,

  Has your esteemed firm had success stories with recent cases, since RIN 1615-AC05 came into effect on Jan 17th 2017,  where an H1-B holder with an approved I-140 has been awarded the grace period following the unfortunate situation of a job loss ?

Thank you

It is advisable to speak with one of our attorneys. 

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On 5/26/2017 at 11:32 AM, Davidvictor1 said:

My husband lost his job on May 2nd, 2017.  He was on H1B visa.

#1: I would like to know the process to apply for H4 visa (as my dependent) and then apply for EAD under my I-140 approval. 

#2: Let me know how long he can stay on H1B before going out of status (is it 60 days?). 

#3: If in case he finds a new employment and transfers his current H1B or applies for COS to H4, does he have to do so prior to the end of 60 days or after? Also, does he have to submit his application prior to end of 60 days or need to receive receipt notice of his application prior to end of 60 days?

Please let me know

Hi I'm in the same situation. 

I applied my H1B transfer through a consultant within 60 day grace period but my H1B transfer was denied due to non speciality occupation. After the denial in two days, I applied for COS to h4 and received the receipt number.

#1. Should I wait for COS to H4 application or go back to home country and get the visa from consulate. Spouse visa is valid for next 6 months only.

#2. Can I apply for another COS to F1 currently while my COS to H4 is pending.

Please let me know

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10 hours ago, Nancy S said:

Hi I'm in the same situation. 

I applied my H1B transfer through a consultant within 60 day grace period but my H1B transfer was denied due to non speciality occupation. After the denial in two days, I applied for COS to h4 and received the receipt number.

#1. Should I wait for COS to H4 application or go back to home country and get the visa from consulate. Spouse visa is valid for next 6 months only.

#2. Can I apply for another COS to F1 currently while my COS to H4 is pending.

Please let me know

Due to the complicated and specific situation you are in, it is highly advisable to speak with one of our attorneys over the phone to discuss your situation and options. 

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Hi,

My current employer is not going ahead on my GC filing and planning to send me back to India Office due to project resourcing cut down. My H1B expires Aug 28 2017 and i have recapture time of close to 650 days on my current H1B.

I have found another employer and they have already offered me a position and are in process of transfer of H1B followed by recapture and then GC.

My questions are 

1.  Do i have a grace period of 60 days in case there is a gap in my joining second employer? I can give 2 weeks notice and can then join after 30 days of gap ?

2. Recapture time is based on USCIS stamping so is it necessary to produce tickets for the stamp out periods?  I am having difficulty in finding tickets for travel done in 2012. will it be a issue ?

Thanks

anks

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On 6/1/2017 at 1:29 PM, s_ankur said:

Hi,

My current employer is not going ahead on my GC filing and planning to send me back to India Office due to project resourcing cut down. My H1B expires Aug 28 2017 and i have recapture time of close to 650 days on my current H1B.

I have found another employer and they have already offered me a position and are in process of transfer of H1B followed by recapture and then GC.

My questions are 

1.  Do i have a grace period of 60 days in case there is a gap in my joining second employer? I can give 2 weeks notice and can then join after 30 days of gap ?

2. Recapture time is based on USCIS stamping so is it necessary to produce tickets for the stamp out periods?  I am having difficulty in finding tickets for travel done in 2012. will it be a issue ?

Thanks

anks

The 60-day grace period will generally cover you for cessation of employment, provided cessation occurs prior to the expiration of your current I-94. To recapture time, it is generally advisable to match the dates with passport stamps. To discuss either of these issues in detail it is advisable to call our office to speak with an experienced U.S. immigration attorney. 

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I have  1140 approved status with company A and H1B till Dec19.  If i loose job A, does every thing just rolls over to company B as long as job profile stays same. what is the most urgent/needed paper work that company B has to file for me to start working right away.

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Hi,

my name is Amit.  I was working for company A in 2015 on H1 and my visa and I -94 were valid till  Nov 2015. In September 2015 company A filed for my H1B extension. 

In April 2016, My extension with company A  was in pending status when I had to change my Employer due to job loss. I switched to other firm B and they filed H1 transfer for me in May2016. I was working client A when my petition was filed. 

In Jan 2017, I upgraded my petition to premium but it got denied in April 2017 after one big RFE.  Employer B again filed new H1 for me in April after 2 weeks but I had to change my client while this petition was in progress. Now my petition is approved in June 2017 but they denied my extension of stay and notified this to chennai consulate. 

Now we attorney is telling me to file amendment due to client change. With no premium processing available this is going to take time.

now my question is " What are my options?"

1. can I stay in USA till my amendment is approved. If yes then how long.

2. if  no then can I go for stamping with Amendment in progress?

3. Can we do anything to expedite the H1 Amendment process?

Thanks

 

 

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I got laid-off on may 11th. My 60 days grace period ends on july 11th. I couldn't find a job till now.

I am planning to get married to my US citizen girl friend of 7 months soon (after july 11th).  

1. Should I apply for a COS to B1/B2 visa and then get married and apply for Marriage based green card? I entered US on valid H1b visa several times in last few years, most recently in April 2017.

I was told applying for B1/B2 will be counter-productive as B1/B2 has non-immigrant intent so it will harm my case for marriage based green card. Please advise so that I can decide on whether to apply for B1/B2 before Jull 10th or not.

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Dear Attorney,

My original H1B petition and I-94 expired on 07-July-2017 and my current employer A filed a timely extension on 28-June-2017. I'm still employed full time and working with the employer A  using the grace period.  But  I'm about to receive a new job offer from an employer B soon. So is it fully risk free to move to employer B upon getting the H1b COE  filing receipt notice as my actual extension petition is already in progress with USCIS from employer A in non premium category . Not sure whether the employer B petition will have issues/denial in case employer A petition gets an RFE/denial while I have transitioned fully to the new job and both applications will be submitted in non premium mode.

Kindly check and advise.

Regards,

Kannan

 

Edited by Kannan86
Wrong entry

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