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60-day grace period rule for terminated employees on H1B visa

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  • 60-day grace period rule for terminated employees on H1B visa

    Does the new 60-day grace period rule for terminated employees on H1B visa apply to me if I quit my company voluntarily?

    I am on H1-B visa working for a tech company in San Francisco bay area.

    I got this email from my company's lawyer:

    60-day Nonimmigrant Grace Period
    A welcome relief to many who may find themselves suddenly terminated is a 60-day grace period granted to nonimmigrant workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications. This means that individuals who have been terminated by their employers will now have up to 60 days to have a new employer file a petition on their behalf. (This is similar to the 60-day grace period currently afforded F-1 international students.)

  • #2
    The text of the regulation just says "cessation of the employment". It doesn't say anything about who caused the cessation. So I think it applies.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hey neighbor!

      Your employer's attorney may have used the phrase "terminated" which is inconsistent with the terminology USCIS uses "employment ends", that is adopted from the federal register, "cessation of employment"

      https://www.federalregister.gov/docu...g-high-skilled
      https://www.uscis.gov/news/news-rele...-visa-programs

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      • #4
        Originally posted by newacct View Post
        The text of the regulation just says "cessation of the employment". It doesn't say anything about who caused the cessation. So I think it applies.
        Thanks @newacct.

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        • #5
          Originally posted by inadmissible View Post
          Hey neighbor!

          Your employer's attorney may have used the phrase "terminated" which is inconsistent with the terminology USCIS uses "employment ends", that is adopted from the federal register, "cessation of employment"

          https://www.federalregister.gov/docu...g-high-skilled
          https://www.uscis.gov/news/news-rele...-visa-programs
          Thanks @inadmissible. Really appreciate you for posting the links to the official docs.

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