Asked in Immigration Law for Pennsylvania

Q: What is the grace period to leave US after H-1B maxes out (6 year limit) and the I-140 has not yet been approved?

I am in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 is being sent out now. My H-1B can potentially be extended for about 2.5 months based on my absence from the US in the last year (i.e. since the last extension), but my employer is reluctant to do so (owing to associated costs I presume). I am not ready to wrap up my stuff quite so soon and wondering what my options are. Do I get a grace period to leave US, and if so, how much?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: 8CFR§214.1(l)(2) provides for a 60-day period or until the authorized stay expires, whichever is shorter.

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