H-1B holders whose employment has ended voluntarily or involuntarily in the US do not have to leave the country within 60 days, the United States Citizenship and Immigration Services (USCIS) has informed.

In a move that will help Indians among other foreign working professionals in the USA, the immigration department stated that the H-1B work visa holders can take on one of the following courses, and if eligible, they can extend their stay in the country beyond60 days.

• File an application for a change of nonimmigrant status (Form I-129)
• File an application for adjustment of status
• File an application for a “compelling circumstances” employment authorisation document, or
• Be the beneficiary of a nonfrivolous petition to change employer.

“If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorised stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status,” stated the USCIS announcement.

These applicants can also turn into dependents if their spouses are working in the US through H-4 L-2.

However, if no action is taken, the H-1B holders and their dependents will have to leave the US or whenever their authorised validity period ends, whichever is shorter.

The H-1B non-immigrant work visa allows US employers to hire foreign workers with specialised skills to work in the country for a specific period of time. 

According to a report, an estimated 75% of the H-1B visas granted in a year are known to go to workers from India.

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