Please check following article posted at 'http://www.immigration-law.com/"
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The INS and this web site have repeatedly warned the immigrant community on this issue, but our law firm has been receiving calls from laid-off H-1B professionals arguing either 10-day grace period or 30-day or 60-day or 90-day or even 6-month grace period. Such misunderstanding can result in a grave consequence since they do not realize that they are out of status and can be arrested and deported if they are exposed to the agencies. It is thus critically important that the H-1B professional community clearly understands the rules and make no mistake about the law.
10-Day Departure Time After Completion of H-1B Petition Period: The INS regulation gives 10 days for the departure from the U.S. for the H-1B professional who completes H-1B services as provided in the approved H-1B petition. During this period, such alien remain in status and can "legally" seek change of status or extension of status. During this 10-day period, the alien does not, repeat not, have an authorization for employment.
Fall Out-Of-Status in All Other Circumstances if Employment Is Terminated for Whatever Reasons: If employment is terminated during the period of current H-1B petition period, the H-1B alien falls out of status. For the purpose of the immigration enforcement, such alien can be arrested and subject to deportation proceedings if the information is known to the INS enforcement officials.
Extension or Change of Status Application Eligibility on "Extraordinary Circumstances" Ground: The fact that certain alien fell out of status because of termination of employment and can be subject to enforcement does not mean that all of them are not eligible for application for COS/EOS. Under the INS regulation, the alien is eligible for COS or EOS if he/she establishes "extraordinary circumstances" for the "untimely" filing of COS/EOS after the employment is terminated. However, filing such application does not turn the alien's legal status automatically into "in status" even though the INS enforcement officials may consider a case-by-case situation and hold in abeyance of enforcement action in certain situation. It is thus critically important that the people understand the distinction between consequence of unemployment on enforcement purposes and consequence of unemployment on eligibility of COS/EOS. It appears that most of the confusion on the so-called "grace-period" in the H-1B immigrant community stem from the information which they get from their lawyers or employers or friends that they can still transfer H-1B status to another employer even after unemployment in certain cases. This statement is true in certain cases, but this statement does not tell the people that for the purpose of deportation law, they will still be subject to deportation actions if they are exposed to the immigration investigators and deportation officials.
Source:
http://www.immigration-law.com/
Breaking News Archive VI (11/01/2002 - 02/28/2003)
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