I had an H1B valid for 2 more years with Employer A, but my project ended and I was laid off. After about 30 days, Employer B filed a petition for me and I started working based on the receipt notice. That petition was just denied. Am I allowed to use the remaining 30 days of my 60-day grace period?

Answer

Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B’s petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based on that petition. But, given that the petition was denied, no additional grace period would be granted based on that. (13.Apr.2022)

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