H-1B Transfer Now Invalid? 60-Day Grace Removal Confusion

H-1B grace period faces uncertainty

The recently proposed removal of the 60-day grace period for H-1B has caused severe confusion among immigrants. The rule proposes removing that grace period given to visa holders following the loss of their job.

This means that the moment an H-1B holder loses their job, they will be out of status. The 60-day grace allows workers to find a new job, but that opportunity would be gone under the new rule.

However, this change has invited many questions about legal change of jobs. One user on Reddit asked a very important question.

If an H-1B holder quits a job on Friday and joins another on Monday, does that mean they were out of status during the weekend?

This is just one of many uncertainties regarding this new change. Legal experts have been quick to respond to this query.

H-1B portability allows workers to begin a new job after their new employer files the petition. Such petitions are usually filed while a worker is already employed.

This ensures that the visa holder remain in the US legally between jobs. Problems only arise if the transfer petition is not filed before resignation.

The rule change will heavily affect those workers who are either laid off or fired. Without a job in hand, it will immediately end their legal status in the country.

The proposed change does not affect legal H-1B transfers, which will be a relief to many immigrants.