60 Days Unemployment Grace period for H1B

[tnmani]

Hi

I was working in US till july 2019 and traveled to India for unavoidable commitments. I got stamping for till Oct 2021.

I got held up in India due the commitment. But,now, i am facing job loss situation in india.

i want to travel back to USA immediately after i resign job in india and intiate the transfer USA using the 60 days grace period.

I hope my company may not intiate withdrawal or may take atleast one month time for sending the withdrawal pettion to USCIS Would this work?

[R78]

This will not work as the grace period only applies to those in the US, who are currently on a valid H1 and have lost their job.
Grace period allows them to find a job, transfer and work for the new employer without having to wait for an approval.

In your case, CBP will know the last time you left the country (1 yr ago), ask you a lot of questions on who you work for (may even ask for proof of salary stubs, employer phone number and actually call them).

Traveling to the US on a H1 visa without having a job is immigration fraud.