60 Days of Grace Period on H1B

[ranjeetkub]

Hi Experts/Lawyers, I have 2 questions:

1. I am going to be terminated by my employer on Sep 30. My Original h1b petition valid till Mar 2019. Getting new employer in such as short time is difficult. I see the new rule passed in Jan 2017, stating 60 days of grace period can be availed to search new jobs/ change of status. What is the process to avail 60 days of grace period? Do i need to request for 60 days of grace period in Writing from USCIS? If yes, what is the form or application i would need to fill and send it to which location of USCIS. Also if employer withdraw my H1B, can i still avail the 60 days of grace period as validity has to be active and should not be withdrawn. 

2. Lets say i have been terminated on 30 Sep, hence payroll would also stop.Now lets say i got job in Nov 15 (after 45 days), when i file my new h1 with new employer, how do i show Paychecks to support my petition as i was not working between Oct 1st to Nov 15. Please help me understand this. 

Kindly reply as it's little urgent. Based on USCIS policies, i would need to exit/stay in the US. 

Regards
Ran.

[Rakee]

Sorry to hear that. Hope all goes well for you. I'm in same case. Below is what I gathered from attorneys. 

Other experienced folks here could opine/correct.

1) 60 days grace period automatically applies, from last day of your pay stub. No process or form needed for this. (I don't want to guess about withdrawal scenario. I got multiple opinions on this from attorneys as well.)

2) Yes. 60 days grace period implies there's no pay stub required during that period.  Of course, since there's no employment during this period, there's no pay stub. What attorneys suggest is file new H1 as soon as possible closer to date of termination and get receipt number before 60th day.

Since this 60 day rule is new and there are not too many examples out there to read successful outcomes of folks in similar situations. 

[Chai]

1. There is no specific application or form. The USCIS will make determination when you apply for an EOS or COS upon the termination of employment. It is advisable to inform that you are utilizing grace period in a letter or affidavit but it's not mandatory. Your attorney shall guide you.

2. In order comply with immigration law, your employer has to inform USCIS about cessation of employment and subsequent H1-B withdrawal. This usually takes ~ 5-6 weeks from the date of employment termination. You will not violate H1-B status in 60-days grace period. USCIS may entirely deny 60-day grace period in case of violations of status, unauthorized employment during the grace period, fraud or national security concerns, or criminal convictions. All you need to show to the USCIS that your new employer has filed new H1-B application before the end of grace period. 

***The grace period kicks in the next day of employment cessation and ends EITHER past 60 days OR validity of I-94, whichever is shorter.