Dr. William:

I am a H-1B holder working for consulting company near Los Angeles. It is possible that I will be laid-off a in near future due to the company's slow business. 

Is it true that there is a USCIS policy giving a 90-day grace period to such H-1B laid-off to looking for new job? 

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A:

Some people believe that there is a USCIS policy giving a 90-day grace period to such laid-off aliens during when he/she can look for a job, and the USCIS is required to approve a new H-1B transfer petition if it is filed within 90 days. People will remember that the USCIS HQ released the so-called AC 21 Memorandum, pending enactment of AC 21 regulation, which alluded to so-called 60-day leniency period in the context of AC 21 Act implementation. 

However, the Memorandum made it perfectly clear that such 60-day leniency was expected to be incorporated in AC 21 regulation and until such regulation is enacted and implemented, there will be no, repeat, no such period of leniency. This Memorandum has created a misunderstanding in some segment of immigrant community and employers that the Memorandum allowed a 60-day grace period.

At this time, there is neither 90-day nor 60-day grace period either as a policy or rule. In fact, the USCIS HQ keeps reiterating its position that the laid-off H-1B does not have any grace period.