H1B program is a visa program intended for employees who gets a specific job in the US. Technically, when the receiver loses the job or position in the company or institution, he or she will lose the right to own the visa also. But starting from January 17, 2017, the United States Citizenship Immigration Services (USCIS) issues a new rule related to this matter. So, when the receiver loses his or her job, there is a 60-day grace period or they can still live in the country in the period given. The regulation is given in case their visa’s expiration date is still far in the future. But when the visa’s expiration is in the near future, the grace period may not be used but it uses the visa’s date.
H1B 10 day grace period
H1B 10-day grace period is the new rule allow to extend grace period to 60 days ; in terms of regulation and others. But it is given to certain non-immigrants. They are the non-immigrants who are working under E1, E2, E3, H1B, L1, or TN status. Interestingly, non-immigrants who get status can apply for an additional grace period to apply for another status. Based on this explanation, H1B immigrant indeed has a chance to get this type of grace period.
The main purpose of giving non-immigrants the 60-days of grace period is to give them a chance to continue working in the US when the situation is possible.
What is Official H1B Grace Period 60 Days USCIS Rule?
As per regulation that came into effect in Jan 2017, H1B Visa holders can get a grace period of 60 days to find another job or change visa status, if their employment on H1B visa is terminated due to layoff or other unforeseen reasons, before the end of their H1B petition validity. The grace period is applicable for non-immigrant workers on H1B, H1BI, L1, O1 E3 and TN Status.
Mean of the H1B visa grace period of 60 days of employees
When you are out of your job in the US, whether it is based on you want or you are fired, it doesn’t mean you must go out of the country as soon as possible. Technically, leaving the US is what you need to do. But then, the government through USCIS still gives you a chance to stay in the US only in 60 days, known as the grace period. It is with a requirement, your visa has not been expired soon.
These 2 months or 60 days grace period gives the H1B or L1 holder to find another employer to file another H1B or do change of status to another visa as needed.
How many times can I use the 60 days grace period?
You can use it only once. There are cases where the grace period is only used partially. It doesn’t mean you can use the rest next time when you are out of your job in the future. It is better for the visa holder to the immigration department for making your status clear this way.
Can I do part time work during 60 days grace period?
The answer is no. The grace period of H1B visa is closely related to a specific job. In other words, you cannot do other jobs temporarily during this period. It is much better to use this time to get another job that is allowed by the regulation according to your visa status.