Time Limits & Grace Periods

 

U.S. Citizenship and Immigration Services (USCIS) may include a discretionary 10-day grace period attached to Form I-797 H-1B Approval Notice, and U.S. Customs and Border Protection (CBP) may include a discretionary 10-day grace period on the I-94 arrival record. Employment is not authorized during the discretionary 10-day grace period.

In some cases, an H-1B employee may have a grace period of up to 60 days or until their H-1B end date, whichever comes first, after their employment ends with the university.

For more information on the discretionary 10-day and 60-day grace period, contact ISSS at [email protected].

 

Time spent outside the U.S. by H-1B employees can often be "recaptured," effectively extending the six-year H-1B maximum time limit. Examples of time spent abroad eligible to be recaptured include:

• Work (conferences, events, field work, etc.)
• Personal reasons (family matters, visa stamping, etc.)
• Vacation leave

Important: H-1B employees should keep detailed travel records, including flight information and I-94 travel records, to support recapture requests that can extend the 6-year maximum.

Under AC21 provisions, the employer may request an extension of the employee’s H-1B status beyond the six-year limit under the following circumstances:

AC21 §106(a) — Extensions in increments of up to one year if 365 days or more have passed since:

• The filing of any application for labor certification (Form ETA 750 or 9089) that is required or used by the alien to obtain status as an EB immigrant; or
• The filing of an employment-based (EB) immigrant petition (I-140)

AC21 §104(c) — Extensions of up to three years if the alien is the beneficiary of an approved EB immigrant petition and is not able to file to adjust status to U.S. permanent legal residence or obtain an immigrant visa based solely on the unavailability of an immigrant visa number due to the “per country” limits on visa availability.

An H-1B employee who spends one consecutive year abroad may qualify for another six-year period of H-1B status.