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Is there a grace period under H-1B after you get laid off from a job? Does my company need to pay my airfare to my home country?

New York, NY |

My job was eliminated and my employer has given me one month to find another job. I have a graduate degree. What are my immigration options to remain in the US legally.

Attorney Answers 7

Posted

Yes, employer must pay airfare. No, there is no grace period. However, in reality, if you are diligently seeking a job for a month, you can ask for discretion, which will probably be granted. This has been my personal experience.

Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com

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Posted

I agree with the first answer. While you are technically out of status, you will not face a bar to reentry if you leave within 180 days of falling out of status. You may want to speak to an attorney to get advise on your options.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Michael Campise, Ferro and Cuccia (212) 966-7775

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Posted

No
Yes

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Absolutely not. Yes, the employer is liable to pay you for a one-way return ticket to your home country.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

No, no grace period. You may be able to port your H-1B under AC21 when you get a new job.

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Posted

I agree, there is no real "grace period," but employer does need to pay your way home. Depending on your particular situation, you may be able to request a 'Change of Status" to a different visa category (for example, if you have a spouse who is on an F1, you can change to F2).

Alternatively, if you find a new employer with similar job soon, you can file a "change of employer" and "port" your H1-B. An experienced attorney could help you do this properly.

Law Office of Mary K. Neal | www.immigratechicago.com | info@rogersparklaw.com| 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

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Posted

I am sorry! Suggest to your employer that you stay on unpaid leave/take accrued vacation time for a few weeks till you find another job and can have the new employer file for a transfer H1.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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