help__seeker
Member
The traditional 60-day grace period (or until expiration, if sooner) for TN, H-1B, etc is now being viewed as a 0-day grace period (under the "discretion" policy) in many cases, leading to NTA letters being sent. And a government page about the grace period is now marked out of date: https://www.uscis.gov/archive/options-for-nonimmigrant-workers-following-termination-of-employment. I'm seeing that one should apply to change their status to a visitor visa before their termination is effective (also before the so-called grace period). But now the visitor visa itself is becoming problematic:
- Greater scrutiny of intent: USCIS may more closely examine whether the individual’s stated reason for requesting B-2 status is consistent with the visitor visa classification. Using B-2 status purely to “wait out” unemployment may not be seen as consistent with the permissible uses of the category.
- Heightened nonimmigrant intent review: B-2 applicants must demonstrate that they intend to stay only temporarily and will depart the U.S. at the end of their authorized stay. Filing a B-2 simply to remain in the U.S. until another job is found may raise flags.
- Transitioning back to a work status may not be possible from within the U.S.: Previously, individuals could file a new petition to return to H-1B or similar status while a B-2 application was pending. However, if USCIS adopts its previous stricter stance, returning to a work-authorized status may now require: Departing the U.S., Obtaining a new visa stamp abroad (if the previous one has expired), and Reentering the U.S. in the newly approved status.
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