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Grace Period for H, TN, E, and O status

  • Unlike individuals who are in the US in F- or J-status, foreign nationals who hold H, TN, E or O-status do not have a formal grace period. However, USCIS may at its discretion grant a grace period of up to 60 days for individuals whose employment is terminated before the end date shown on their most recent I-797A approval notice. This 60 day period is intended to allow the H-1B visa holder to secure new employment without falling out of status and provide time for the new employer to file an H-1B for that person.

    Note that the 60-day grace period does not apply for individuals who have reached the end date shown on their most recent I-797A approval notice. Such individuals most depart the U.S. within 10 days.

  • In addition to the grace period granted by USCIS, at the discretion of the CBP inspector at the port of entry, an individual in H-status may be granted admission to the US for a period of ten (10) days beyond the expiration date stated on the formal H-1B Approval Notice (Form I-797). If such a ten-day period is granted, it will be indicated on the I-94 card.

Please note that should your I-94 record reflect an end date that is beyond the expiration date of your Approval Notice (H-1B and O-1), LCA (E-3) or job offer letter (TN), you may not work beyond that expiration date even if your I-94 uses a different end date. Please contact ISS should you have any questions or concerns about this.