Fired from your job? Here's what thousands of H-1B workers can do
When a non-immigrant worker's employment ends, either by choice or force, they typically either become beneficiaries of a nonfrivolous petition to change employer or file an application for change of nonimmigrant status, adjustment of status, or a 'compelling circumstances' employment authorization document.
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One of these actions is required to be taken during the 60-day grace period extended to recently unemployed nonimmigrants and is usually calculated based on the last day a salary or wage is paid. Failure to take any action during this period can result in a person being forced to leave the country either once the period ends or on their authorization date, whichever option is closer.
The grace period is usually provided to help beneficiaries look for suitable alternative employment or allow their spouses to continue their job roles if they carry an Employment Authorization Document or are employment-authorized incident to status. H-1B visa holders caught up in such a situation can start their new job role as soon as their employer files Form I-129, rather than waiting for it to be approved. However, those filing for jobs in different classifications need to wait for approval which takes less than 15 business days to come through.
Those under the grace period are not permitted to leave the country. Failure to comply may require them to seek a new immigration status for re-entry. In the circumstance of a non-immigrant worker being outside the country at a time when the notice period has ended, the grace period is no longer applicable. If the person returns before the lapse of their notice period, a discretionary grace period may be provided.
Students in the US on a 24-month Science, Technology, Engineering, and Mathematics (STEM) OPT cannot acquire more than 150 days of unemployment during this period, including the post-completion phase and 24-month extension. Those on an F-1 visa cannot acquire more than 90 days of unemployment during post-completion of OPT since their visa status is attached to their employment.
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The 60-day grace period is only applicable to those holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents).
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