Deportation Threat: DHS Ignores H-1B Grace Period

An Immigration lawyer recently reported a shocking deportation notice from DHS (Department of Homeland Security) to his H-1B client, even though he was still within his legal period.

Sameer Khedekar, an immigration attorney and founder of Vanguard Visa Law, took to LinkedIn to share an NTA (Notice to Appear) issued to the H-1B worker after he was laid off by his employer. However, as per the visa law, he was still within his allowed 60-day grace period after losing his job.

The 60-day grace period was always meant to give legal breathing room to the immigrant workers. But now, DHS seems to be treating petition withdrawal by the employer as the end of lawful status, no matter what the person does afterward.

One law firm says their client, who had applied for a change to H-4 well within the deadline, still got a court summons. They fear that if this continues, even those trying to switch to a B-2 (visitor visa) might get dragged into immigration court.

Lawyers say this could be either a bureaucratic mistake or a deliberate enforcement shift. Either way, it’s dangerous and scary for workers who are already heavily reliant on their jobs to stay in the US.