H1B 60-day Grace USCIS Rule - Lay off, H4 EAD work, and Severance Time?

Hi Anil,
My current H1B is valid until 4/30 and have approved I 140 (H1B got extended beyond 6 years). But I lost my job and the grace period ends in a week’s time. I didn’t get an H1B sponsored job yet. So if I am going back to India, can I apply for a transfer with a new employer, stamp, and come back using the non-cap petition?

Hi @jubin_cherian

Sorry to hear about your job loss.

Yes, you can apply for cap exempt H1B transfer anytime. Just make sure that your employer does not withdraw your i140.

If i140 has been approved for more than 180, then you are safe even if employer withdraws it.

Now we applied for cap exempt H1B transfer (Not H4) since we use compelling EAD (C(35) and C36) respectively.

So we have to go outside US and stamp to regain the non-immigrant status.

H4 transfer is not applied because spouse is not in H4 status but can apply and stamp H4 when I am going for stamping.

My question is can we go for stamping in Canada?
Are they allowing EAD to H1B status change?

We never been out of status. Please help.

Hi @jubin_cherian

I don’t understand your current situation and question.

How did you get to EAD when you were working on H1B ?

You can go for visa stamping in Canada.

Hi Anil,
My parents came here before me and both are US Citizens and aged.

I applied for compelling EAD based on that and got approved.

Due to job loss, I started using that after the H1B 60 grace period and got a new project as well.

When we start using that compelling EAD we will loose our non-immigrant status but can regain it through visa stamping.

So the current employer is transferring my cap-exempt H1b (I 140 approved - recent H1B extension valid until 2022) and trying to stamp it outside USA.

Hope you understand the situation. My question is can we go Canada for stamping from EAD - to - H1B / H4?

Yes, you can visit Canada for H1B visa stamping.

A post was split to a new topic: Stay in USA after H1b 60 day based on LCA receipt?

A post was split to a new topic: Travel outside US after filing H1B in 60 day grace period


Thank you for this nice post on H1B 60 Days Grace Period. One important thing this post is missing is the ~10 to 15 days required for LCA approval/certification.

When someone looses a job, he/she should be mindful to find a new job at least by 40th day, and get the ball rolling for the new job’s h1b petition i.e. get the LCA filed by 40th day and get it approved/certified before the 60th grace day, and file the new I-129 H1B petition on or before the 60th grace day.

I just want to emphasize that when a person looses a job, they should not wait until the last day 59th day or 60th day to file the h1b petition.

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A post was split to a new topic: Waiting outside US with H1B Stamped but employer revoked petition due to Pandemic

So per the strict definitions an H1B cannot take a sabbatical between jobs like a GC holder or citizen can do. For visa folks its grind grind and just grind.

Hi @anil_am22 . I got laid off on Jan 11th, 2022. But, i am planning to “move back to India” on Feb 27th, 2022. I am planning to use the 60 days grace period on H1B for the move back. This is legal stay correct? The period i am from Jan 11 to Feb 27th?

Yes, 60 day period is a legal stay as long as your i94 is also valid for these 60 days.

I have a question for Multiple Transfer Filing. If I get laid off on H1B, during these 60 days grace period I get two job offers and I initiated H1B transfer petitions with both employer A and employer B. And I received receipts for both employers. I joined in Employer A but after few days (case 1: before 60th day, case 2: after 60th day) the petition got denied by USCIS.

Question: in both cases, I will not go out of status because, in case 1 (even if I wouldn’t have a receipt for employer B) I still have few days left in grace period. In case2, since I got receipt from employer B before 60th day now I can go and join employer B. But if employer B’s petition also gets denied after 60th day then I will be out of status immediately and I have to leave the country immediately. What if I apply for another H1B transfer with employer C after 60th day while working for employer B ? Since my petition with employer B is denied, Will I go out of status ? Or I can stay since my H1B petition with employer C which was applied after 60th day is still in progress.

Could you please correct me if I am wrong in any statement and also could you answer my questions. This would really help because I was laid off and in 60 days grace period.

Hi @anil_am22,

I prepared a calendar below for the same scenario which I explained in my previous comment. Could you please let us know if H1B go out of status on day 70 or on day 95. Thank you :pray:.

Day1: laid off

Day40: got job offers from A and B.

Day41: initiated H1B transfer with both A and B

Day55: received receipt for A

Day59: joined A on receipt

Day59: received receipt for B

Day70: H1B of A got denied

Day71: joined B on receipt

Day75: got job offer from C

Day76: initiated H1B transfer with C

Day90: received receipt for C

Day95: H1B of B got denied

Day96: joined C on receipt

Day 100: H1B of C is approved.

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