H1B grace period

[Miley11]

Hi, has anyone been in a position where they quit their H1b job and moved to Canada?

If so, how much grace time does one get after the last day of work to make arrangements?

Thanks!

 

[lampbreaker]

You can stay in the US for up to 60 days or I-94 expiry, whichever is earlier.

 

[Miley11]

@ lampbreaker

Thanks !

 

[Samoinp]

You can stay in the US for up to 60 days or I-94 expiry, whichever is earlier.

I did try searching when i moved but there was a confusion about voluntary or involuntary termination. Do you have a link to the actual law?

 

[harirajmohan]

I did try searching when i moved but there was a confusion about voluntary or involuntary termination. Do you have a link to the actual law?

https://www.murthy.com/2017/03/06/grace-period-nonimmigrant-workers-following-loss-of-employment/

• The regulation does not differentiate between a worker who is terminated and one who quits. Therefore, the 60-day grace period should be available in either situation, though the USCIS potentially could take that issue into consideration in determining the amount of time to allow as a grace period.

 

[harirajmohan]

Taking this provision for own separation from the company is not encouraged or should be avoided because the person who quits should be planning the departure and leaving the country asap. Not sure why one would quit and wait for weeks inside the country before leaving.

 

[Samoinp]

Taking this provision for own separation from the company is not encouraged or should be avoided because the person who quits should be planning the departure and leaving the country asap. Not sure why one would quit and wait for weeks inside the country before leaving.

Exactly, one of the lawyers i spoke to couldn't confirm if it was fine. I thought of taking a 60 day road trip vacation but ended up doing just 9 days to be safe.

 

[jetsons]

Even I am planning to resign next month and then take a week to 10 days to wind up any pending items before moving to canada.
Hopefully when I apply for visitors visa to US in the next few months , it will not be an issue.

Has someone done this before had success in getting a visitor visa? Since the grace period isnt automatic and is based on DHS discretion who can shorten/eliminate the grace period, hence asking. Hopefully they shouldn't consider me being out of status for 7-10 days and deny me a visitor visa.

 

[lampbreaker]

It's not an issue. Don't worry.

 

[jetsons]

thankyou @lampbreaker

 

[shersingh]

"Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status." As per the wording, it is meant for someone to pursue new employment and extension of stay. It does not say anything about someone to wrap things up before leaving. I don't know how the overstay is enforced but you would be better off checking with an attorney. If you do so, please let us know too

 

[jetsons]

I don't think any attorney will be able to give a concrete answer for this as at the end of the day it's up to the DHS discretion to either cancel or shorten the grace period when we go again to apply for a change status/ different visa. As long as I don't stay for the entire 60 days and am able to wrap up everything in a week and able to explain it to the DHS officer that I needed the time to sell car and other things, probably I should be ok.

Also, I think if the grace period would have only been applicable for pursuing new job opportunities, then maybe grace period wouldn't have been applicable when a person resigns from job. But only when he gets laid off.
However grace period is applicable when a person resigns. Hence we should be ok if we need to use this time to settle all affairs before leaving the country.

Also please see here:
https://redbus2us.com/h1b-grace-period-60-days-uscis-rule-job-loss-you-quit-h4-ead-faqs/
"What are the common reasons for USCIS / DHS to reduce or Cancel the 60 grace period ?"
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. As long as you do not engage in any of these kind of activities, you should get fully 60 days grace period.

Can I travel outside of US during 60 Days grace period and re-enter ?
You may travel outside of USA in grace period, but you cannot re-enter as you will need valid Visa to re-enter. Unless you have a valid visa for a different status, you cannot re-enter. The grace period can be used to settle up your affairs in US and move out or to find another employer and get status extended using transfer.

Hi all,

Please let me know if I am wrong?

 

[amarajanice]

https://forums.immigration.com/threads/h1b-transfer-60days-grace-period-covid-19.342851/