Does 60-day grace period apply when my H1B visa application has not been approved?

[amber90123]

Hello friends,

I left company A in August thus my H1B (approved) was terminated on August 31. Company B applied for an H1B visa transfer in September, and I was laid off today. I checked the status of my transfer application, which says "received", because it usually takes a few months for USCIS to process. Company B will withdraw this application (according to my research, it will also take some time, but this fact does not matter).

In this case, does the 60-day grace period take effect after today, or actually it’s only applicable to my last successfully approved H1b, which was terminated on August 31?

Thank you very much,
Amber

[newacct]

Hello friends,

I left company A in August thus my H1B (approved) was terminated on August 31. Company B applied for an H1B visa transfer in September, and I was laid off today. I checked the status of my transfer application, which says "received", because it usually takes a few months for USCIS to process. Company B will withdraw this application (according to my research, it will also take some time, but this fact does not matter).

In this case, does the 60-day grace period take effect after today, or actually it’s only applicable to my last successfully approved H1b, which was terminated on August 31?

Thank you very much,
Amber

The 60 days is 60 more days that you will remain in H1b status after employment terminates. However, you are not in H1b status; you haven't been in status since you started working for Company B. You have a pending extension of status application, but that doesn't give you status. Since you don't have H1b status to begin with, there are no days of H1b status for you to remain in.