H-1B Grace Period Misconception : Change To Dependent Status


Another option available to you if you have a spouse also in the U.S on an H-1B visa is to change to dependent status (H-4 or L-2). By doing so you have the opportunity to search for another employer to petition on your behalf.

You do, however, need to demonstrate to the USCIS that your spouse has been working on their H-1B visa, show proof that you were also maintaining your status prior to the termination and a number of other determining factors. H1B Visa Process Check UT Evaluators

If your H-1B spouse has an I-140 petition pending with the USCIS for a green card, you are currently able to apply for your an EAD card under H-4 status. However, the new political administration is heavily scrutinizing this rule and may remove it, meaning that you will need to find other means of employment through H-4 status.


“There is no automatic 10-day H-1B grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States.” This grace period is only applicable to 10 days before and after your H-1B visa validation period.

However, under the new Final Rule, there is a 60-day grace period for terminated employees. You may use this time as you choose, including changing your status to a different nonimmigrant visa, though 60 days may not be enough time for most petitions to process without the help of premium processing. For H1B Visa Process Visit here

If you’ve recently experienced an employment termination and haven’t yet had your H-1B revoked, you can request a change of status to another nonimmigrant visa while in the process of seeking employment.

If you have additional questions regarding the H-1B grace period misconception or any other H-1B related matters it’s best to consult an immigration attorney who specializes in these cases.


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