My H-1B visa is expiring and I plan to return home. How long can I stay in the US?
There is no guaranteed grace period for individuals admitted to the U.S. in E–1, E–2, E-3, H-1B, H-1B1, L–1, O–1 or TN status. However, individuals in these statuses may be granted a discretionary 10-day grace period beyond the expiration of their employment authorization. This grace period is not automatic and has to be indicated on your I-94 record in order for you to rely on it. Effective 1/17/2017, USCIS also created a discretionary grace period of up to 60 days for individuals whose employment is terminated prior to their approved H-1B, TN, E-3 or O-status validity period (as indicated on their approval documents). The maximum duration of the grace period is 60 days or the expiration date of the underlying approval notice, whichever is shorter. This grace period is discretionary; USCIS is not required to grant it.
Both my H1B visa and I-94 expire on April 16, 2020. How long can I stay after the visa and I-94 expiration date?
What controls your period of authorized stay is typically the I-94. The VISA is only a document presented to gain entry into the US, much like an invitation. There is no guaranteed grace period for individuals admitted to the U.S. in H, O, P, L1A, L1B, E1, E2, E3 and TN status. However, individuals in these statuses may be granted a discretionary 10-day grace period beyond the expiration of their employment authorization. But note, this grace period is NOT automatic and has to be indicated on your I-94 record in order for you to rely on it.
I am in H1B status but my employer just laid me off. If I find another employer willing to sponsor me, can I remain in the U.S.?
Yes provided certain deadlines are met. Effective 1/17/2017, USCIS created a discretionary grace period of up to 60 days for individuals whose employment is terminated prior to their approved H-1B validity period. The maximum duration of the grace period is 60 days or the expiration date of the underlying approval notice, whichever is shorter. To find out how long you can remain in the U.S. post-termination, count 60 days from the date of termination and compare it against the date on your I-94. Whichever date is shorter is the date by which you must either find another H1B employer to sponsor and file the new Petition for you or you must depart the U.S.
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