H1b Grace Period Uscis 2018

The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. In recent months, the USCIS has been issuing Form I-797A approval notices that have two different validity periods. The initial RFE was was. But this does not mean they really hired 36 foreign workers during this period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the. I would advise - take the safest possible route. Unlawful Presence: New USCIS Guidance for Students and Exchange Visitors. It's very much possible that USCIS will use April 13th 2018 as your date when you lost your status. Some H1B holders have a 10 day grace period after their visa validity, to give them time to leave the country. New H1B Policy Details -- confirmed with BAL attorneys Not sure how many people care about this, but I'm gonna share it anyway, just in case some folks may need it: the 60-day grace period is automatic, you don't need to apply for it or anything. If this law has been approved, it would benefit a huge number of Indians who are living and working in USA on h1b non immigrant visa. Upon termination, you have up to 60 days - or until the expiration date of the current I-94, whichever period is shorter - to apply for a change of. Because I had read in some website that this 30 day grace period is only for preparation for return to home country. Oct 30 is my last date in the company and didn't find new job by Oct-30th. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the cap-gap period. Hence I am on f1 60 days grace period which is valid till Nov 30 2018. 1) The rule tells 'non-immigrants whose employ. In addition to extending the availability of 10-day grace periods, the new rule adds up to 60 consecutive days grace period for each authorized validity period for certain high-skilled nonimmigrants even when their employment ends before their authorized validity period so that they may more readily pursue new employment or an extension of status. The new rule went into effect on January 17, 2017. If you have been receipted, your "cap-gap" I-20 is your current proof of employment authorization. It's very much possible that USCIS will use April 13th 2018 as your date when you lost your status. In order to address this concern, beginning on January 17, 2017, the United States Citizenship and Immigration Services (USCIS) issued a new federal rule, granting H-1B holders a 60-day grace period in the circumstance of job loss or termination. Grace period is the duration of time that is granted by USCIS to students on valid F1 / J1 visa status before completing 90 days of unemployment in order to take care of certain events, such as commencing a new program, transferring between schools, changing your status, starting a new program after work. How can I make sure or confirm that he hasn't actually revoked it?. I thought there is a 30 days grace period to leave US after H1B expired, but I just learned today, that there is none. Visa holders also have some rules they need to follow: They must tell a lawyer and the USCIS if they plan to travel between countries to make sure all the paperwork is in order. citizens are immediately eligible for a green card, so USCIS conducts green card marriage interviews to ensure strict compliance with the immigration laws. USCIS Completes H-1B Cap Random Selection Process for FY 2019 On April 11, 2018, USCIS announced that it had used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated cap and the U. My H1 B is approved from an employer and starts from Oct 1st, 2018. But if they have a green card application and the status is still pending, then they are allowed to stay in the country. F-1 STUDENTS WANTING TO PETITION UNDER H1B CAP 2020 and the 60-day departure preparation period commonly known as the "grace period"). In addition to extending the availability of 10-day grace periods, the new rule adds up to 60 consecutive days grace period for each authorized validity period for certain high-skilled nonimmigrants even when their employment ends before their authorized validity period so that they may more readily pursue new employment or an extension of status. Here is the text of the USCIS press release: F-1 students who have an H-1B petition that remains pending on Oct. Due to increased. Keep in mind that these are both delicate legal procedures that should not be attempted without the help of an experienced immigration attorney. Is there a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer? Answer #9 - According to the USCIS, there is no grace period. My petition for h1b was denied on Oct 6th 2018. However, OISS stops processing OPT applications on the 140th day to ensure your OPT packet arrives at USCIS before the end of the 60-day grace period. J1 Visa holder - 30 Day grace period and H1B Visa application? USCIS took 3-4 weeks for final J1 waiver approval. USCIS fees change sometimes and applicants do not regularly check. I got RFE on Jan-02 and attorney's are yet to respond to that. Upon termination, you have up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to apply for a change of. Kudos to USCIS for the 120 day grace period!. The filing period for H-1Bs begins on April 1 (if said date doesn’t fall on a weekend), and over the past several years, USCIS has tended to receive significantly more petitions than it has available to award. Basically it means that I will remain in the US until October 1, 2016 if the H1B petition is approved. So apparently starting in 2017 if your H1b or E status was valid jan1 2017 to dec 31 2018, uscis started adding an extra ten days grace period to your I94 so in the past if your I94 would expire dec31 2018 it now will have an expiry of Jan 10 2019 to reflect the extra 10 days. As such, October 1 is the earliest day an H-1B beneficiary can begin working in his or her " specialty " occupation position. Grace & Co. H1B RFE Questions Posted: 16 Sep 2018. If your H1B application is denied or withdrawn, then you would have 60 days grace period. Some H1B holders have a 10 day grace period after their visa validity, to give them time to leave the country. advanced degree exemption, known as the master's cap. My H1B started on 10/Jun/2015 and current extension is till 01/2019 with I94 until 04/2019. Re-registration is necessary for beneficiaries of TPS to maintain their status and work permits during the 18 months of the grace period granted to El Salvador before the ultimate termination of TPS on September 9, 2019. We generally process cases in the order we receive them, and we will update this page each month. WASHINGTON— USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. OPT Application to USCIS on 04/10/2018 with a requested start date of 08/01/2018. How much grace period do I have to find another job once my H-1B employer lays me off? There is no grace period. As long as you do not engage in any of these kind of activities, you should get fully 60 days grace period. H1B Visa Grace Period 60 Days USCIS Rule Official Reference - Duration: 2 minutes, 35 seconds. The rule includes some provisions for USCIS to grant a discretionary 60-day grace period for H-1B workers where certain conditions are met. The cap gap from F1-OPT is expiring on Sep 30 but nothing has been heard back from USCIS on RFE. The grace period is not automatic, but may be granted on the I-94 record upon entry or on the I-797 approval notice. Re: Laid Off on H1b with 2 Months Grace Period Ending Thank you for the advice. on October 1, 2019. Your original I-94 was expired on the above day only(on the day Company A filed the withdrawal). Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job? Video Transcript. You have to file for a change of status before the termination. The so-called "10-day grace period" for H-1B is a very confusing concept - read more on the next page. The latest possible start date that you may request is the last day of your 60-day grace period. 10 days before the official start of his/her work and may stay 10 days after their authorized period expires. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). 2(h)(4)(iii)(A). >>>>Be very careful though. For details, please see "New Rule for High Skilled Worker". Many wrongly believe that the visa expiration date and the date of expiration of their authorized period of stay are both the same. H1B 60 Grace Period start Date Hi, I was terminated from my employment on April 5, 2018 from company A and My last pay end date is April 15,2018. If your H1B application is denied or withdrawn, then you would have 60 days grace period. 如果I-140已经批准,可以无限续H1B,每次有效期3年。如果都没有,你要离开美国1年,再回来重新申请H1B,还是3年+3年。 H1B期间失业了怎么办? 失业之后按当前的规则,你有60天的Grace Period,这期间你必须找到新的工作申请H1B,否则就直接失去合法身份。. Citizenship and Immigration Services in a notice issued March 7 announced that employers should begin using a revised version of the I-9 employment eligibility verification form immediately. H1B Grace period meaning DHS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status, if they are laid off due to the circumstances beyond their control. The USCIS Final Rule that goes into effect on January 17, 2017 allows for a: 10 day grace period before the status begins and after the status ends. But if you are denied OPT after your 60 days grace period, then you will not get any additional grace period. The new regulation provides discretion for the U. The first one occurs during the 10 days immediately preceding the validity period of the petition. However, if the petition is filed during the grace period, then the student is not ‘work authorized’, and instead will receive an automatic extension of their F-1 status while the petition is pending; The petition must request a change of status to H1B on October 1, 2018; Other Points to Consider: Travel, Denial and OPT Work. H1B transfers are Not counted towards the regular annual H1B quota and can therefore can be filed and applied for at any time of the year, (when transferring an H1B visa, it does not matter whether the regular quota has been filled or not. USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs. If the H1B visa start date is prior to the expiration of your 60 day grace period in OPT, the employee will likely be ok. Hence I am on f1 60 days grace period which is valid till Nov 30 2018. Citizenship and Immigration Services (USCIS) begins accepting H1B petitions for foreign professionals to apply to work in the US. Their F-1 status and authorization will continue for 180 days, if awaiting a USCIS decision on the OPT application. 731(c)(6), which says: “an H1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant “enters into employment” with the employer…. The employee generally, ultimately could choose the employer with whom s/he wants to accept employment. Life after 6 years of H1B. 95% H1B Petition Success in past 12 months. The agency also plans to provide public notification before resuming premium processing on the cap-subject H-1B petitions or before making any other updates to premium processing. Applicants for visitor visas should generally apply at the U. AC21 Series: New Grace Period for Terminated H-1B Workers #Andrew Greenfield For example, if employment is terminated and then USCIS approves a petition for a new employer sponsor, does the H. h1b visa is especially popular among Indian professionals but it is no doubt, thousands of Indian expats have been waiting for permanent residency of United States more than 10. Citizenship and Immigration Services (USCIS) issued finalized policy guidance on unlawful presence for students and exchange visitors, which revised previous guidance issued on May 10, 2018. -I am currently out of employment and last day of my previous employment was 12/07/2018 and am on 60 days grace period, as of today its been 41 days and it ends by 02/05/2019 - My previous employer has revoked H1B-I797 on 01/15/2019. Sponsoring An H1B Employee Telangana India. I found new job on November and by Dec-12th, they sent H1b transfer request to USCIS under premium processing. If the H1B petition is withdrawn, revoked, or denied, and the student has entered the 60-day grace period, s/he is no longer eligible to apply for a STEM extension. >>>>Be very careful though. When filing for an H1B visa renewal, there are a few documents that you and your employer must provide. We highly recommend you submit the application packet to the ISAP Office as early as possible. Some of the common reasons that USCIS uses to reduce or end grace period is for situations involving unauthorized employment, fraud or criminal charges tied to the H1B holder. Unlawful Presence: New USCIS Guidance for Students and Exchange Visitors. For denied cases the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation, misrepresentation, or fraud. New immigration rules make H1B friendlier until President Trump takes over. All of these actions must be completed prior to the expiration of the 60-day F1 visa grace period. However, there is no clarification on the part when an employee has been laid off. the grace period of 60. But, we have not received any response from California SC yet. The cap-gap extension is available to students who, as of April 1st were either on approved OPT or in the 60 day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed by their employer prior to the expiration of their OPT. USCIS will continue to accept H-1B petitions that are exempt from the annual cap. If your visa expires while you await an answer, you will be fine. Their F-1 status and authorization will continue for 180 days, if awaiting a USCIS decision on the OPT application. before the end of their authorized stay. I would advise - take the safest possible route. My case was for fiscal year 2014 so I'm not sure if this would be useful information for you, but here's what happened with me: * Received an RFE from USCIS around August, and my lawyer filed the RFE around I think the end of the month. Policy Memo on F-1 Students Status Violation. New H1B Visa Rules That Will Benefit Foreign Workers While non-immigrant job seekers in the US await changes to the H1B visa program in a Trump administration, the USCIS has quietly changed a few rules making life easier for current H1B visa holders. The cap-gap extension is available to students who, as of April 1st were either on approved OPT or in the 60 day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed by their employer prior to the expiration of their OPT. On August 9, 2018, USCIS changed its policy regarding how they determine whether F and J visa holders have “over-stayed” their legal status in the U. This means that a laid-off worker and his or her new employer may only learn that the agency will not recognize a presumed grace period after the fact, when the new em-ployer petitions USCIS to extend the employee's stay in the United States. For details, please see "New Rule for High Skilled Worker". On April 2, 2018 (April 1 is a Sunday), USCIS will begin accepting H1B petitions subject to the Fiscal Year 2019 cap. The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period. USCIS Change in Policy on Unlawful Presence On August 9, 2018, United States Citizenship and Immigration Services (USCIS) changed the way it determines accrual of Unlawful Presence. You can enter the U. The H4 dependent visa does not allow your spouse/children to work (unless they get their own H1B visa). What is an H1B Visa?. Jul 11, 2018 · This is because USCIS has also recently published another new policy that will take effect on August 9, 2018. Do I have 60 day grace period ? 60 day grace period is only when an employee is fired from the job. By Ananya Bhattacharya February 23, 2018. Is my I-94 still valid till 24-OCT-2019 even if my Employer A revoked my petition? Am I eligible for 60 day grace period even with or without Employer A petition. The new regulation provides discretion for the U. " There is only one grace period per authorized validity period, and it may be eliminated or shortened at the discretion of the U. When filing for an H1B visa renewal, there are a few documents that you and your employer must provide. Upon termination, you have up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to apply for a change of. I found new job on November and by Dec-12th, they sent H1b transfer request to USCIS under premium processing. The new 60-day grace period can indeed be a "game changer" for qualified status holders in general, and in high turnover fields, in particular. How many times can you use, how does it work with I-94 expiration. But companies seeking to employ H1B foreign workers should be aware that H1B applications are subject to an annual cap, and the window for applications is. STEM OPT Extensions: Those who are eligible for STEM OPT extensions should prepare for and submit such filings in a timely fashion. 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. For example, USCIS's target timeframe for adjudicating H-1B petitions is two months. The new rule went into effect on January 17, 2017. This has affected certain nonimmigrant classifications such as the H1B. I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140. As long as you are still in your 60 day grace period when your H-1B petition is filed, your F-1 status in the U. The expiration date at the top of the notice shows the validity date as requested in the petition and the period of work authorization. I hear that there is no grace period after your I-94 expires, even though you may stay up to 240 days until USCIS makes a decision. With H1B visa caps typically reached just a few days after USCIS starts accepting applications in any given year, a prospective employer may face a long delay when hiring from outside the country. That way, if USCIS seeks additional evidence after the premium upgrade you have sufficient time to submit the response and obtain an approval. That policy redefines "unlawful presence" to include any violation of student status. H1B has a maximum period of 6 years, and this includes any time spent in the U. The filing period for H-1Bs begins on April 1 (if said date doesn’t fall on a weekend), and over the past several years, USCIS has tended to receive significantly more petitions than it has available to award. To check the status of your H1B visa: Visit the USCIS Case Status page. Employment located on-campus that does not directly involve services to students (such as construction work) does not qualify as on-campus employment. Whereas the F-1 grace period is tacked on to the end of a student's program end date after completing a course of study, the H-1B 60-day grace period is the sooner of 60 consecutive days after the cessation of work or the petition end date, i. So apparently starting in 2017 if your H1b or E status was valid jan1 2017 to dec 31 2018, uscis started adding an extra ten days grace period to your I94 so in the past if your I94 would expire dec31 2018 it now will have an expiry of Jan 10 2019 to reflect the extra 10 days. Hi, I worked on H1b with my first employer from OCT-2016 to Oct-2017. The first one occurs during the 10 days immediately preceding the validity period of the petition. Oct 26, 2018 24 Comments USCIS is not consistent in their judgements as well. The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. This cap-gap extension will produce one of two outcomes, depending on your individual situation:. Sponsoring An H1B Employee Chandigarh India. What the Visa Expiration Date Means. The re-enrollment period lasts 60 days and ends on March 19, 2018. has applied for 36 LC and LCA from fiscal year 2016 to 2018. As long as you do not engage in any of these kind of activities, you should get fully 60 days grace period. F-1 students pursuing STEM degrees, can apply for an extension of up to 17 months for OPT. The suspension will take place April 2, 2018 and continue until September 10, 2018. I have applied for H1B extension and my case (I129 PETITION) was received on August 19th 2008. If on the day your H1B application is filed you are: 1) still in the US, 2) still within your grace period, and 3) your employer requests a change of status for you (as opposed to consular processing), then you can likely stay in the US while your application is pending. Two exceptions that allow you to remain in the United States with an expired I-94 card are : * when a timely petition to extend your H-1 or O-1 status has been filed and the petition is pending with USCIS. h1b visa is especially popular among Indian professionals but it is no doubt, thousands of Indian expats have been waiting for permanent residency of United States more than 10. What the Visa Expiration Date Means. All of these actions must be completed prior to the expiration of the 60-day F1 visa grace period. H-1B transfer and extension by another employer) or to seek a change of status to a different. This means, that USCIS can, based on multiple factors, decide to shorten or dismiss the grace period for individuals on a case by case or even a widespread basis. USCIS will continue to premium process H-1B petitions received prior to September 11, 2018. Jul 11, 2018 · This is because USCIS has also recently published another new policy that will take effect on August 9, 2018. H-1B's reaching the end of their status must do on of the following 3 things on or before the last day of employment:. USCIS Releases Revised Form I-9, Gives 60-Day Grace Period for Use U. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period. You better find a job and transfer H1B first before you quit. The grace period for DS-2019 is 30 days after expiration, during which you have to leave the U. The USCIS will now allow a grace period of 60 days to terminated H1B visa holders to find a new job or to leave the USA. Additionally, USCIS may also authorize a grace period of up to 60 days for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications during the period of petition validity. If a visa recipient quits job, he/she isn't entitled to get 60 days notice period. Upon termination of employment, legal H-1B visa status ends, even if the petition was approved for a longer period. It's very much possible that USCIS will use April 13th 2018 as your date when you lost your status. For details, please see "New Rule for High Skilled Worker". Department of Homeland Security estimated that a small percentage of F class non immigrants overstayed in fiscal year 2016. Check Whether You Were Granted a Ten-Day Grace Period. Once the employer-employee relationship is terminated, the employee is considered to be “out of status” and must leave the U. Citizenship and Immigration Services (USCIS) has proposed a rule change that requires each H-1B petitioning employer to pay a $10 filing fee for every electronic registration submitted to the agency for each H-1B worker who is to be counted in the H-1B cap selection. This article explains the 10-day grace periods and 60-day nonimmigrant grace period for certain nonimmigrants, with emphasis on the 60-day grace period rules. 6th Apr 2018 +0. I understand LCA may take 7-10 calendar days to get approved. would begin to accrue unlawful presence only after USCIS or an immigration judge made a formal finding of a violation of status, whichever came first. Cap-Gap Automatic Extension for H1B petitions Cap Gap Extension for F-1 Students who are the subject of an H-1B petition. Meanwhile, I am in search of new employer to file new H1b petition but has below queries. Of these 275,344 individuals, 7,271 have submitted requests for renewal to USCIS. USCIS fees change sometimes and applicants do not regularly check. The cap-gap extension is available to students who, were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period. 2018 USCIS Policy Memo. During the period, USCIS continues accepting premium processing requests for those H-1B petitions that aren't subject to the FY 2019 cap. The amended provision provides for two 10-day grace periods. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the. The cap-gap extension is available to students who, as of April 1st were either on approved OPT or in the 60 day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed by their employer prior to the expiration of their OPT. My current I94 is valid till Oct 1st 2008 (and same is my first term H1B VISA expiry date) and that is my concern if I don't receive the approval in time. Last year, the DHS accelerated its rule making schedule to adopt proposed new regulations on the EB-5 regional center program in February of 2018. USCIS has set the date of August 9, 2018 after which any student who doesn't remain within the valid visa status will begin to accrue unlawful presence the day after they stop pursuing their course-work or the authorized grace period. interestingly my lawyer didn't mentioned about getting another 60 days extension. Employees on E, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants whose employment is terminated early will be accorded one grace period of up to 60 days during each validity period, to allow them to extend, change or otherwise maintain status or, in the H-1B context, to port to new employment. Work that takes place at your school location could be for an on-campus commercial business, like a bookstore or cafeteria, as long as the work directly provides services for students. F-1 STUDENTS WANTING TO PETITION UNDER H1B CAP 2020 and the 60-day departure preparation period commonly known as the "grace period"). How long is the grace period before I go out of status? The news here is bad. It's very much possible that USCIS will use April 13th 2018 as your date when you lost your status. immediately, even though this is very unrealistic. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The student would have the standard 60-day grace period to depart the United States unless the H-1B petition was revoked because of fraud or violation of status. Because of this, an H-1B worker who resigns his or her position prior to the new employer's filing a new I-129 petition might be seen by USCIS as being in violation of his or her H-1B status, and is therefore ineligible for a transfer or extension of stay. Hence I am on f1 60 days grace period which is valid till Nov 30 2018. H1B Grace period meaning DHS allows a grace period of up to 60 days for non-immigrant workers in E-1… File H1B petition now - new or extesion. Individuals who have accrued more than 180 days of unlawful presence during a single. (This situation is unlike the clearly articulated 30-day grace period for J holders and the 60-day grace period for F holders. I hear that there is no grace period after your I-94 expires, even though you may stay up to 240 days until USCIS makes a decision. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1. This article explains the 10-day grace periods and 60-day nonimmigrant grace period for certain nonimmigrants, with emphasis on the 60-day grace period rules. Applicants for visitor visas should generally apply at the U. @qqj, I would consult an actual immigration attorney to be sure, but if you look on the USCIS site [1, 2], it seems pretty clear that the grace period is NOT automatic. USCIS will continue to premium process H-1B petitions received prior to September 11, 2018. Citizenship and Immigration Services (USCIS) released details regarding the latest deferred action process for childhood arrivals. The H1B 60 days grace period means that you will not be considered “ out of status ” for almost 2 months after your unemployment. A very common misconception about the H-1B visa is that H-1B workers are granted a grace period in the event that they are laid off, terminated, or fired from their jobs. 17, 2017) | myattorneyusa. No, you won't be out of status since you have timely applied for OPT EAD. H1B visa grace period? My employment and H1B status ends June 30th and we move back to Europe. 14 A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this. Grace period is the duration of time that is granted by USCIS to students on valid F1 / J1 visa status before completing 90 days of unemployment in order to take care of certain events, such as commencing a new program, transferring between schools, changing your status, starting a new program after work. government provides a 60 day grace period where you are eligible to remain inside the U. En español. Does 240 days grace period applicable in H1B Visa Transfer cases too?. Great News for H1b Visa holders, a new law Regarding H1b visa has been introduced. The H1B 60 days grace period means that you will not be considered " out of status " for almost 2 months after your unemployment. Technically, your 60 days grace period has started from the date that your Company A H1B withdrawal was approved by USCIS. For example, USCIS's target timeframe for adjudicating H-1B petitions is two months. My RFE has all sorts of things, org structure, employer-employee relationship (although it is a non consulting firm), workload for the period in H1b etc, this is supposed to be a simple transfer, but i guess nothing is simple with the current uscis!. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant. To check the status of your H1B visa: Visit the USCIS Case Status page. the grace period of 60. (if not approved, from the date they have filed the withdrawal). This grace period is only applicable to 10 days before and after your H-1B visa validation period. Discretionary Maximum 60-Day Grace Period. Your current employer can cancel your H1B by contacting USCIS. News About H-1B Visa Rules 2018. How long is the grace period before I go out of status? The news here is bad. The new rule seeks to provide a 60-day period after termination of employment (by either employer or employee) during which period the worker is essentially given a grace period to depart the United States, to file for transfer of their work visa (e. Citizenship and Immigration Services (USCIS) for granting a 60-day period for workers who may have otherwise been considered to be maintaining status for the purposes of filing for an extension of status or filing for a change, had they not lost their employment while working as under the H1B status. For example, a worker who uses his grace period after a large company layoff may use his initial grace period, but then he becomes approved for an H1B1 change of employer petition. More information about the 24-month STEM extension rule is available in the MurthyDotCom NewsBrief, 24-Month STEM OPT Effective from May 10, 2016 (08. So apparently starting in 2017 if your H1b or E status was valid jan1 2017 to dec 31 2018, uscis started adding an extra ten days grace period to your I94 so in the past if your I94 would expire dec31 2018 it now will have an expiry of Jan 10 2019 to reflect the extra 10 days. In fact, most students’ OPT will expire between April and July because that time period coincides with the graduation dates of most universities, and subsequently, the beginning of the 1-year OPT status. Hi, I worked on H1b with my first employer from OCT-2016 to Oct-2017. Citizenship and Immigration Services (USCIS) begins accepting H1B petitions for foreign professionals to apply to work in the US. The new 60-day grace period can indeed be a "game changer" for qualified status holders in general, and in high turnover fields, in particular. Cap-Gap Automatic Extension for H1B petitions Cap Gap Extension for F-1 Students who are the subject of an H-1B petition. A new rule, effective Jan 17, 2017, grants a discretionary 60 day grace period to nonimmigrants with O-1, H-1B, L-1, TN, E-1, E-2, or E-3 class visas following the end of their employment. Fresh H1B applications are pending with the United States Citizenship and Immigration Services since months, leading to anxiety among candidates and their families. But, it has to be done while you are outside US or if you want to stay in USA, you must have some visa to stay on. The first instance is when the USCIS considers master's applicants only. During the grace period, students are not authorized to work. The new rule went into effect on January 17, 2017. The cap-gap extension is available to students who, as of April 1st, were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st, H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period. News: USCIS Announces Extension of Grace Period for Previous Edition of Form I-918 Grace Period Extended for Previous Edition of Form I-918 We are extending the grace period for the previous edition of Form I-918, Petition for U Nonimmigrant Status , including Supplement B, U Nonimmigrant Status Certification, through Dec. Consulate with jurisdiction over their place of permanent residence. My petition for h1b was denied on Oct 6th 2018. But if you are denied OPT after your 60 days grace period, then you will not get any additional grace period. USCIS can take up to 3 or 4 months to process OPT applications. H1B Transfer from Company A to Company B was filed in July-2nd week-2017. On behalf of Litwin & Smith, A Law Corporation on Wednesday, April 12, 2017. To answer your first question, there is a 60-day maximum grace period for an H-1B worker once the employment ends. Citizenship and Immigration Services (USCIS) during a designated registration period. The annual H1B quota is only for new / first time H1B visa applications). In order to. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period. For those who have a master's degree, there are two chances of winning the visa lottery. H1B visa status does not typically grant a "grace period" at the end of employment. Murthy Law firm said 60 day H1 grace period will not apply to my case and I have to leave the country before Oct 1st to avoid unlawful status. How much grace period do I have to find another job once my H-1B employer lays me off? There is no grace period. - Ia m not sure its correct! You are out of status currently if I-94 is expired and USCIS gave denial decision on your H1-B petition. Published on Dec 27, 2018 Details on the H1B Grace period of 60 days that was officially announced as part of regulation in Jan 2017. B-1/B-2 Visitor Visa. Do I have 60 day grace period ? 60 day grace period is only when an employee is fired from the job. Upon termination of employment, legal H-1B visa status ends, even if the petition was approved for a longer period. Share on +0. This grace period has removed some of the issues that H-1B workers previously faced following an unexpected termination; however, depending on the specific facts of a case, issues may still present. They are sending my employer a notice of intent to revoke (NOIR) outlining the reasons and they will have a set period of time to respond. I was hoping maybe the 2/3 month "grace period" after I leave an H1B employer's job could work - but as you rightly said, using the H1B to enter implies I am still working for the same employer, and that would not be the truth. A new regulation promulgated in January 2017 provides for a grace period of up to 60 days for certain H-1B workers who are terminated. However, OISS stops processing OPT applications on the 140th day to ensure your OPT packet arrives at USCIS before the end of the 60-day grace period. My H1 B is approved from an employer and starts from Oct 1st, 2018. But if they have a green card application and the status is still pending, then they are allowed to stay in the country. On August 9, 2018, USCIS changed its policy regarding how they determine whether F and J visa holders have “over-stayed” their legal status in the U. But, it has to be done while you are outside US or if you want to stay in USA, you must have some visa to stay on. Their F-1 status and authorization will continue for 180 days if awaiting a USCIS decision on the OPT application. But companies seeking to employ H1B foreign workers should be aware that H1B applications are subject to an annual cap, and the window for applications is. Depart the U. During the period, USCIS continues accepting premium processing requests for those H-1B petitions that aren’t subject to the FY 2019 cap. , unless there is a pending H-1B petition with the USCIS from another employer or a pending petition for a change of status to another. The grace period is entirely a USCIS discretion thing and you cannot assume and take that 60 days grace period. USCIS will continue to premium process H-1B petitions received prior to September 11, 2018. Most Indian students and professionals move to the US on an H1B visa. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1. At this point in time, upon receipt of a USCIS denial of a request for a change of status on an H-1B petition, the F-1 student would only have accrued unlawful presence from August 9, 2018 under USCIS' unlawful presence policy for F, J and M nonimmigrants. This is because USCIS has also recently published another new policy that will take effect on August 9, 2018. Employees on E, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants whose employment is terminated early will be accorded one grace period of up to 60 days during each validity period, to allow them to extend, change or otherwise maintain status or, in the H-1B context, to port to new employment. Motion to reconsider – this is only used if you believe that the evaluating officer was wrong in his or her decision to deny your H-1B transfer. If your OPT expired before April 1 st and your employer filed an H1B petition during your 60-day grace period, you are allowed to remain in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1B petition is approved and goes into effect October 1. But the new mission statement issued by USCIS in early 2018 no longer emphasizes customer satisfaction but rather focuses on enforcement. Policy Memo on F-1 Students Status Violation. Also since my H1b will be withdrawn by employer, Can i still stay for 60 days, in my case? 2. can continue until September 30th, but you cannot work. The agency also plans to provide public notification before resuming premium processing on the cap-subject H-1B petitions or before making any other updates to premium processing. My H1-B petition will be filled in my 60-days grace period on April 1, 2016. 23, 2018 - "An F-1 student who has received more than 12 months of Curricular Practical Training (CPT) may be found by United States Citizenship & Immigration Services (USCIS), to have violated F-1 status and thus ineligible to be granted a change of status in the US. plan to apply for an H1B. Hi, I worked on H1b with my first employer from OCT-2016 to Oct-2017. Up to 60 day grace period based on cessation of the employment. immediately, even though this is very unrealistic. H1B visa status does not typically grant a "grace period" at the end of employment. Transmission of these materials is not intended to create, and receipt does not constitute, an attorney-client relationship. The cap-gap extension is available to students who, were either on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period. My employment was terminated on 15th January and currently I am in grace period until 15th march. Employees on E, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants whose employment is terminated early will be accorded one grace period of up to 60 days during each validity period, to allow them to extend, change or otherwise maintain status or, in the H-1B context, to port to new employment. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1. My case was for fiscal year 2014 so I’m not sure if this would be useful information for you, but here’s what happened with me: * Received an RFE from USCIS around August, and my lawyer filed the RFE around I think the end of the month. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. For those who have a master's degree, there are two chances of winning the visa lottery. Their F-1 status and authorization will continue for 180 days if awaiting a USCIS decision on the OPT application. Upon termination, you have up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to apply for a change of. I found a new employer B and signed the offer letter on May, 25 2018 before the 60 days period. Additionally, USCIS may also authorize a grace period of up to 60 days for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications during the period of petition validity. 731(c)(6), which says: "an H1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant "enters into employment" with the employer…. On August 9, 2018, the U. The cap-gap extension is available to students who, as of April 1st were either on approved OPT or in the 60 day grace period and have a pending or approved change-of-status October 1st H-1B petition with the USCIS that was filed by their employer prior to the expiration of their OPT.