Q: To exit USA after resigning on H1b, 10days grace period is what has been recommended on USCIS unless looking for new job
How is the determination made for qualifying for 10 days vs 60 days stay in USA after resigning on valid H1B? Follow-up to this question's answer-How and when does DHS make the determination of reducing/changing the 60 days period?
Example: Last work day June 15,2019, Exit US July 7. At what point would DHS question the number of days post last work day in US?
A: When your H-1b enters as part of the natural course (meaning when it is supposed to end) there is 10 day grace. (the Regs actually say 10 days before and 10 days after.) In the past there was no grace period if you ended your H1b early. Now there is a 60 day grace period or until the end of your current I -94, which ever is shorter. This grace period is intended to allow you time to seek alternate employment, file for a change of status or prepare to leave the US. During this period you will not be considered to be out of status. Be aware that DHS may in its discretion shorten or eliminate the grace period.
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