Does H-1B 60 days reset?

The H-1B 60-Day Grace Period: Not a Universal Timer

The H-1B visa, a popular choice for skilled foreign workers in the United States, often features discussion surrounding its 60-day grace period. However, understanding this period requires clarifying a crucial misconception: it’s not a universally applicable 60-day countdown timer that resets itself. Instead, the 60-day grace period is inextricably linked to each individual employment under an H-1B visa.

This nuance has significant implications for those navigating the complexities of the H-1B system. Let’s break down how it works:

The 60-day grace period is triggered by the termination of H-1B employment. When an H-1B employee’s employment ends, they are granted a 60-day grace period to remain in the United States. During this time, they can pursue other opportunities, such as seeking new employment or making arrangements to depart the country. Crucially, this 60-day period is not a standalone clock ticking down regardless of circumstances.

Changing employers restarts the clock. The key to understanding this is that a transfer to a new employer constitutes a new employment under the H-1B visa. This effectively triggers a new 60-day grace period upon the completion of the transfer process. This means a worker could potentially extend their authorized stay in the US through a series of H-1B transfers, each providing a fresh 60-day window following the termination of each employment. This isn’t an endless loophole, however; each transfer requires separate application and approval.

Re-entry requires a different approach. This is where the misconception often arises. Simply leaving the United States and attempting re-entry after the initial 60-day period expires will not automatically grant another 60-day grace period. Re-entry requires a separate immigration status. The individual would need to have a valid visa (or other approved entry document) to lawfully re-enter the country. The previous 60-day period does not apply to subsequent re-entries.

In summary: The H-1B 60-day grace period is not a renewable, general allowance. It’s a period tied directly to each instance of H-1B employment. While transferring between employers can offer a potential extension of stay, any departure from the US necessitates obtaining a valid immigration status for re-entry, regardless of previous grace periods utilized. Navigating this system requires meticulous attention to detail and, ideally, professional legal guidance to avoid potential immigration complications. This article is for informational purposes only and does not constitute legal advice. Always consult with an immigration attorney for advice tailored to your specific situation.