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H-1B 10 Day Grace Period

H-1B 10 Day Grace Period

Is the 10 day grace period to leave USA after losing job on H1B visa still applicable after USCIS issued new rule in Jan2017?

Is the 10 day grace period still applicable after losing job on H1B visa after USCIS had issued new rule to extend grace period to 60 days in Jan 2017, Lets say a H1B employee lost job on Nov 1st , 2017,Can he/she stay in USA until Jan 9th 2017 , i.e 60 days +10 days?

Upon termination of employment an H1B is immediately out of status. a 60 day grace period within the I-94 may extend status if sponsored by H1B employer within the 60 days. If not employer sponsorship 10 day grace period follows termination within I-94. time outside I-94 accrues unlawful presence. However, not all particulars about your circumstances are known. Leaving the US immediately upon termination is not always the best option. Consider a consultation with an experienced Litwin & Smith attorney to discuss the best option in your particular circumstance.

Litwin & Smith is nationally recognized as a premier immigration law firm. We routinely provide immigration assistance to people from all over the world. We have one compelling mission: to assist employers and immigrants in obtaining their immigration goals. We have dedicated our careers to developing and maintaining expertise in immigration law and know how to assist people around the world live and work in the USA. We have offices conveniently located in Santa Clara, South San Francisco and San Francisco.

US immigration has two primary categories; family sponsorship and employment sponsorship. You might read more on our website. Immigrant visas often take a year or more to proceed. The first employment visas to the US are usually nonimmigrant visas. We have an impeccable record of H1B filings without RFE. And, we assist H1B employers and their H1B employees with successful RFE Response or Motions to Reconsider. We have assisted thousands of people and we file hundreds of nonimmigrant and immigrant petitions every year.

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