![]() A worker filing for employment in another classification must wait to begin employment until the new petition is approved, but given the availability of premium processing, the wait for petition adjudication is often less than 15 days. Within the grace period, eligible H-1B nonimmigrant workers may also begin employment again as soon as a new employer properly files a new H-1B petition, rather than waiting for the new petition to be approved. The grace period also provides time for certain spouses of nonimmigrant workers to continue their own employment if they have an Employment Authorization Document or are employment-authorized incident to status. This is because a worker may remain in an authorized period of stay based on a timely filed nonfrivolous application to change to a new nonimmigrant status. Alternatively, the 60-grace period provides time for the worker to request a change of status, which may allow the worker to continue their job search from within the United States, even if the grace period and the worker’s current nonimmigrant status expire. The maximum 60-day grace period provides time for a nonimmigrant worker to retain their nonimmigrant status. ![]() Before a regulatory change in 2016, there was no grace period for a terminated nonimmigrant worker. Q: Why is the 60-day grace period important?Ī. ![]() Please see the additional sections below for a detailed overview of these options. If the worker is an eligible H-1B nonimmigrant and an employer timely files a new nonfrivolous H-1B petition on their behalf, the worker can begin work immediately after USCIS receives the petition and continue to maintain their H-1B status. The worker can preserve their period of authorized stay in the United States, however, as long as the worker timely files, if eligible, an application for a change of nonimmigrant status, an application for adjustment of status, or an application for a compelling circumstances employment authorization document, or if the worker is the beneficiary of a nonfrivolous petition to change employer before their nonimmigrant status expires. Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is shorter (the “maximum 60-day grace period”). A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail below. Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter. If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status. Be the beneficiary of a nonfrivolous petition to change employer. ![]() File an application for a “compelling circumstances” employment authorization document or.File an application for adjustment of status.File an application for a change of nonimmigrant status.When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States: When nonimmigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |