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joshuah81

H1B | Severance | Grace Period

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My company is in the process of executing a severance agreement with Termination Date as Mar 31st. Currently, I have my H-1B extended for 3 years until 2021 based on approved I-140.

Do I get 60 day grace period or how long is the Grace Period, so I can find another job within this Period ?

Does the New H1B for the New Job needs to be lottery based or it will be just a regular extension petition ?

Please let me know. Thank you.

 

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The grace period is 60 days from layoff.

A new H1 would not need to go through the lottery.

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You have grace period for 60 days after termination date. 

Any new employer could file a cap-exempt ( would not go for lottery)for H1B within this time, so that you will be able to continue to stay.

 

If a H1-B is not filed within these 60 days, you will have to move out of country.

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You'll get minimum of 60 days or I-94 expiry date , in your case you'll get 60 days  from date of your termination. No lottery needed. 

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Find a new role in 60 days, rest your attorney can guide.  

13 hours ago, joshuah81 said:

my H-1B extended for 3 years until 2021

this does not matter if you don't have a job

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