Posted by: blah August 21, 2006
H1B Question
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Formal: 0 days Informal: 10 days There is no formal Grace period for H1B. You have to have new H1B from a different sponsor before your current sponsor terminates your H1B status. from www.murthy.com Question 4. Do I have to file something to request the grace period or to let the government know I am using this time? ©MurthyDotCom No. The grace period is permitted within the law and does not have to be requested specially or separately. There are no filings that need to be made to utilize this benefit. Note that this applies to F-1 and J-1 grace periods. Most other statuses, including H1B status, do not have grace periods. from http://www.studentaffairs.cmu.edu/oie/forscho/h1b/legal.cfm Maintenance of Legal Status In short, for an H1B employee to maintain legal status, s/he must continually engage in the employment described by the employer in the H1B application to the USCIS. Should any employment details change - the employer, the job title or duties, salary, location, etc. - then the H1B employee should consult with the employer or immigration attorney and a new or amended H1B petition must be submitted to the USCIS. Grace period. There is no formal "grace period" (beyond a generally assumed 10-day period) in H status. (This situation is unlike the clearly articulated 30-day grace period for J holders and the 60-day grace period for F holders.) Therefore, when a job ends, the H1B status ends too. This can be problematic if a person suddenly quits or looses his/her job. An employee should speak with an immigration attorney to understand the options before the job ends, not after! Dual intent. H1B status carries "dual intent." This is an important distinction and difference from F or J status. "Dual intent" implies that a person may choose to return to the home country or may choose to move into permanent residency (or immigrant) status in the US. This issue is helpful when applying for the visa stamp overseas - unlike an F student or J researcher, an employee will no longer need to "prove" the intention to return home after program completion. "Dual intent" is also the reason that OIE and many attorneys will advise a person to obtain H1B status before applying to permanent residency in the US. -------------------------------------------------------------------------------- Division of Student Affairs - Carnegie Mellon Home
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