It appears that the dot-com I am working for is planning a massive layoff. How much time do I have to remain in the U.S.?
There have been a lot of comments in the press in late March (2001) about a statement from USCIS spokesperson Linda Dodd-Major (Acting Director of DOJ/USCIS Office of Business Liaison), that due to an increasing number of H-1B’s subject to layoffs, the USCIS would not strictly enforce its rule that a new petition must be filed immediately. The letter below sets the record straight and is the most definitive statement we have seen on the H-1B grace period. “As for a 10 day “grace period” following termination of employment-based nonimmigrant employment, there is none. Although the H-1B alien can extend 10 days before or after the approved period, for the purpose of making personal arrangements in anticipation of or following the approved H-1B employment, that “grace period” must be included within the approved stay in the US, as indicated on the Form I-94, or it does not exist. An H-1B (or any other) alien may not simply tack it onto the expiration date on the I-94. Since H-1B classific
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