Q: H1B terminated with cause, does the 60 day period apply or unlawful presence kicks in as soon as day of separation?

A: In the case of an H-1B worker being terminated with cause, the situation regarding the 60-day grace period and unlawful presence can be complex. Here's a general overview, but please note that individual circumstances may vary:

1. 60-day grace period: Typically, when an H-1B worker is terminated (regardless of the reason), they may benefit from a 60-day grace period. During this time, they can remain in the United States and seek new employment opportunities or change their status to another visa category.

2. Unlawful presence: If the H-1B worker is unable to find a new employer to sponsor their visa or change their status within the 60-day grace period, they may begin accruing unlawful presence from the date their employment was terminated. This is because their legal status in the U.S. is tied to their employment with the sponsoring company.

3. Termination with cause: In some cases, if the termination is due to the H-1B worker's conduct or actions (such as violation of company policies or criminal activity), the grace period may not apply. In such situations, unlawful presence could begin accruing immediately from the date of termination.

It's important to note that the specific details of each case can impact the outcome. Factors such as the reason for termination, the worker's actions, and the employer's reporting of the termination to USCIS can all play a role in determining when unlawful presence begins.

If you find yourself in this situation, it is highly recommended to consult with an experienced immigration attorney who can evaluate your case and provide guidance on your options and the best course of action.