- What is an H1B or E-1 Visa?
US Citizenship and Immigration Services (USCIS) allows nonimmigrant workers a 60-day grace period. USCIS provides various options for workers who have lost their jobs, either voluntarily or involuntarily, to remain in the United States for the period allowed based on existing rules and regulations. A 60-day grace period is one of the options that the agency discussed on December 19.
60-day grace period: The regulations allow a discretionary grace period for nonimmigrants working here during this period, including those in categories E-1, E-2, E-3, and H-1B. Workers may be able to maintain their nonimmigrant status during this period if a new employer timely files a petition requesting an extension of stay on their behalf. Workers may be able to remain in the United States for the duration of their authorized stay if they timely file an application for adjustment of new nonimmigrant status. Workers who are unable to file a timely change of status application may be required to leave the United States at the end of this grace period.
Probability to a New Employer: The portability rule allows workers currently in H-1B status to begin working for a new employer without waiting for the petition to be approved as soon as the employer properly files a new H-1B petition with USCIS. In addition, a worker has the authority to transfer an underlying immigrant visa application by combining an underlying valid immigrant visa petition (Form I-140) with an application for pending status (Form I-485) for at least 180 days.
