Do I have 60-day grace period?

Amazon paopao
Apr 10 16 Comments

1. Laid off from company X
2. Join company Y on H1b receipt
3. Company Y’s H1b request denied
4. Grace period?

Follow up: what if 60 days have not passed since the lay-off?

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TOP 16 Comments
  • Wayfair Oktc58
    Talk to a lawyer. My understanding, having worked with immigration lawyers, is that no, you do not have a grace period.
    Apr 100
  • This comment was deleted by original commenter.

    • Amazon crumb
      If he leaves in a reasonable time it won't count against him. If he attempts to stay it certainly will
      Apr 10
    • Intel JFOr15
      This is wrong. He has 60 days after he is laid off from company X
      Apr 10
    • Amazon crumb
      That's not his situation. He left his first company more than 60 days ago and his visa at the new company has been denied. You don't get 60 days after a denial and his 60 days from company X have passed.
      Apr 10
    • Oath GuruG
      ^ @crumb +1
      Apr 10
  • Intuit HelloLC
    No side effect within 6 months if you can find something within 6 months.
    Apr 103
    • Amazon crumb
      Sorry that's not his situation. He has no valid h1b right now. His old one is cancelled and his new one denied.

      You are talking about what happens if you get laid off, have a valid h1b, but are not currently employed, which is a different situation and in that case you with have the 60 days.
      Apr 10
    • Zynga CuriousABC
      How can you have a valid h1b visa without employment? Also, you have 60 unemployed days on h1b no? So if you're laid off - you're still in h1b status - as in I94 is valid for another 60 days before you're considered out of status - this is assuming OP did not have any other period of time where they were not employed on H1b.
      Apr 10
    • Amazon crumb
      In this case though the guy has likely already got more than 60 days of not working on his previous h1b for his previous employer and his h1b for the new one is denied, so he doesn't have that 60 days anymore, so he is already out of status.
      Apr 10
  • Amazon crumb
    You need to leave the US within a "reasonable" time. USCIS idea of "reasonable" is a week or so.
    Apr 100
  • Esri Apsg61
    Can you provide more infor? What's your current role? Reason for transfer denial?
    Apr 101
    • New xlr8ed
      Sounds like the OP flamed out in a junior position. Buh Bye.
      Apr 10
  • Apple HHGG81
    You can always file another H1b request.

    Talk to a lawyer, don’t let the stupid USCIS folks run you down. Be strong
    Apr 101
    • Amazon crumb
      He will have to file that from outside the US as he now has no legal status in the country.

      Technically it's ICE who will run him down.
      Apr 10
  • Netflix enjoylyfe
    You lose the 60 day grace period as soon as you start working again. And you don't get the grace period for denials. You are effectively out of status. Double check with lawyer.
    Apr 160
  • Apple HHGG81
    Keep us posted on what did the lawyer say
    Apr 110

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