Help Desk:
I am in H-1B visa and plan to marry a U.S. citizen girl in this year September. But I got layoff last week due to the company's slow business. Since we have not married yet at this time, so I can not apply for Form I-130 immigration Green Card, based on my marriage to a U.S. citizen.
Is it true that there is a USCIS policy giving a 60-day grace period to such H-1B laid-off to looking for new job?
Answer:
Some people believe that there is a USCIS policy giving a 60-day grace period for such laid-off H-1B aliens to look for a job, and the USCIS is required to approve a new H-1B transfer petition if it is filed within 60 days.
However, USCIS made it perfectly clear that such 60-day leniency was expected to be incorporated in AC-21 regulation. At this time, there is no 60-day grace period as a policy for such H-1B laid-off to looking for new job. In fact, the USCIS keeps reiterating its position that the laid-off H-1B does not have any grace period.
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