I am in H1B status with an I-94 valid until 2024, but I soon will be laid off. My employer said that, instead of officially laying me off now, they will let me take a voluntary, unpaid leave for 3 months. If I have not found a new employer by then, I can keep searching for another 60 days based on the grace period. Is that correct?

Answer

The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is due to conditions unrelated to the employment (e.g.., requesting time off to take care of a sick relative; being temporarily unable to work due to a car accident). The start of the grace period typically cannot be delayed by being granted a voluntary leave (which isn’t truly voluntary). (02.Nov.2022)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved