Valid H1B Petition till 08/2022, but lost my job, After 60 day grace period what are my options?


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I have two questions.

1. I am currently in USA, my Petition is valid till 08/2022, my visa is expired on 08/2019, i lost my job with layoff, with current month payroll cycle + 60 days grace period, my last date to stay in USA is 31/June/2020. If i do not get offer from any other employer by end of June, then I will have to go back to India. But if an employer turns up after 31st June, will they have to file new H1B or it will be H1B transfer? If its a new H1B then does it has to go through yearly H1B quota and lottery process?

2. Very generic question, what are my options after 60 days of grace period?

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Last week, USCIS had announced that deadlines would be extended for responding to Requests for Evidence and Notices of Intent to Deny. Today, they have further clarified that this flexibility also applies to Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as appeals and motions filed on Form I-290B.

If the RFE, NOID, NOIR, NOIT, or denial was issued between March 1st and May 1st, USCIS is providing an additional 60 days to submit the response or file the appeal or motion:

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.


Although this is a helpful step for many employers, visa holders, and attorneys, it does not extend filing deadlines for status expiration. If your status is expiring, you must still comply with all existing regulations and timely file your extension or change of status before your current status expires.

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1. Your 60 days will start from the last day of employment and not from the last day your receive your paycheck. Check your date as per that.

2. You need to leave before your 60 day period ends and if you can't find a job. You can always find a new job and file a new H1 (not go thought the lottery) and come back with a new visa. 


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