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Sumsy

I-140 Grace Period

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Hi,

 

I have an approved I-140, lost my job on April 30th. My 60 day grace period ends on June 29th.

 

Found an employer willing to take my H1B but the hiring process is slow. There is a reasonable chance that I would have an accepted offer going through background check by the time my grace period ends. Can I possible change to a tourist or student visa while my new employer completes the background and files for change of status. Is that an acceptable option?

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Visitor and student status don't allow immigration intent. You have shown immigration intent with the I-140, so this won't work. Also, it takes several months to get accepted at a university.

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You have 60 day grace period and if your employer does not file the H1B before 29th June, you need to leave the country and enter with a new visa stamp or existing one (if it is valid) with the new I797. You have no other choice.

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