No H-1B Grace Period after Termination of Employment

Termination of employment ends H-1B status; no H-1B grace period.

As an H-1B worker in the U.S., if your employer terminates you before the end date of your H-1B approval period (as set forth on your I-797 approval notice), your H-1B status will terminate. Your employer will be responsible for paying for reasonable cost of return transportation to your home country. Termination of employment ends the H-1B status and there is no H-1B grace period to continue to stay in the U.S.

Termination of H-1B Employment Ends H-1B Status in United States

If you are using H-1B portability regulations to take employment at a new employer, you must continue to work for your current employer until both the receipt notice and the required start date have arrived for the new position at the new institution so employment is continuous. Contact Columbus, Ohio immigration lawyer at Porter Law Office, LLC for more information.

Is There a Grace Period?

Contrary to popular belief, there are no grace period for H-1B employees to prepare to depart the U.S. after the H-1B status expires. The last date you can be present in the U.S. is the date indicated on the I-94 card or on the end date on the H-1B approval notice (whichever is later). For more information, review these H-1B FAQs addressing common issues for terminated H-1B workers.

If you are terminated before your H-1B status expires, you must leave the U.S. immediately. This is because your H-1B status is tied to your continued employment as set forth in your I-129 H-1B petition. Therefore, if you are terminated from your employment before your H-1B expiration date, then your H-1B status ends on the date of your employment termination. Simply put, there is no grace period.

Contact Columbus, Ohio H-1B visa attorney at Porter Law Office, LLC for more information about H-1B grace period.

Items to Consider When Departing U.S.

If your H-1B status is terminated before the expiration of your H-1B visa validity period, you should consider the following:

  1. You must leave the U.S. on the last date of your employment—that is, there is no H-1B grace period.
  2. You will be required to give up your Form I-94 at the border when you leave the U.S.
  3. It is recommended to maintain your resignation letter to memorialized your last date of employment.
  4. When you leave the U.S., request a stamp at the border to prove your departure (or, if you cannot get a stamp in the U.S., be sure to get one from the country where you enter).
  5. If you plan to return to the U.S., be sure to have evidence of your foreign residency for the period when you resided abroad.
  6. You will need to file U.S. tax return for the most recent tax year and likely the next year. Contact Porter Law Office, LLC for more information on your federal tax filing requirements.

H-1B Visa Lawyer in Columbus, Ohio

H-1B Representation

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing H-1B visa approvals. A specialty occupation is one that requires highly specialized knowledge and skills and a bachelor’s degree or foreign equivalent in a specific field of study. Typical specialty occupations in the H1B visa category include computer systems analysts and programmers, physicians, dentists, professors, engineers and accountants.

If you have questions about the H-1B grace period, or lack thereof, or another immigration issue that is beyond the scope of this guide, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.