|
As
a Laid Off H-1B Employee, Do I Have an Automatic 10-Day Grace Period? |
|
As
a Laid Off H-1B Employee, Do I Have an Automatic 10-Day Grace Period? |
| Hi
William: As a laid off H-1B employee, do I have an automatic 10-day or other grace period for terminated employees holding H-1B status? Can I begin working for another job with a different employer? Answer: An H-1B visa holder should work for the sponsoring H-1B petitioner. If the employment ends, the H-1B employment condition is no longer satisfied, and therefore the alien employee is no longer in a lawful nonimmigrant status in United States. The terminated H-1B visa holder can be able to port to another employer subject to certain conditions. There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the H-1B worker is no longer in a H-1B status, the alien many need to depart from the United States. Depending on the alien's circumstances, the H-1B worker may be eligible to remain in the United States, because of a request for a change of status or for extension of stay that is filed while that alien is maintaining H-1B status, or with a pending status adjustment I-485 application. For a H-1B worker who has fallen out of status, USCIS will exercise discretion on a case-by-case basis to grant the extension or change of status despite the failure to maintain status. |
|
For All
Your
Immigration
and Green Card Application Needs
 ©
Green Card Application
Service, www.greencardapply.com |