Question

Dear attorney,

I am a postdoc in the US with a H1B visa. May I ask a quick question? Will I get 60 days grace period if I resign my current postdoc job (H1B visa) before my I-94 admit until date?

Some people said: there is no clear guidance from the USCIS except that “the implementation of the 60 days grace period is at USCIS’s discretion.” Since we have not heard of one way or another whether USCIS is really honoring the 60-days regulation, we do not advise on using it.

Is this true? Thank you so much!!!

Answer 1

You can get a grace period of up to 60 days to find another job or change visa status after you terminate your current job. However, if your I-94 or petition end date is before 60 days from your job loss or lay off, then your grace period is shortened until the expiration of your I-94 date.

If you have any legal questions, please feel free to call 800-685-nyis (6947).