# Grace period on L1B visa



## alpha-man (Dec 29, 2019)

Hi,

I am on *L1B visa* working in bay area in tech company. I am planning to resign (or may get laid off). How long am I allowed to stay in US after my last day of employment?

I have read contradicting news of *60 day and 10 day grace periods*. Which is true?
I don't intend to find another job or anything. I just want to sell off my properties, travel and leave. How long can I stay?

This source says:
myattorneyusa *dot* com/10-day-and-60-day-nonimmigrant-grace-periods-for-certain-nonimmigrants-effective-jan-17-2017 



> "At 82 FR 82436, the DHS explains that the purpose of the 60-day nonimmigrant grace period is “[t]o enhance job portability for these high-skilled nonimmigrants.” The 60-day nonimmigrant grace period accomplishes this goal by giving specified nonimmigrants 60 days to remain in the United States after the cessation of employment without violating their status."


Does 60 days grace period apply to me L1B holders also? (because L1B holders cannot change status to H1B or find another job)

Thank you


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## Crawford (Jan 23, 2011)

When does your I-94 expire? 

You can't stay beyond the expiration date at all. So this has to be taken into consideration too.

You L1-B gives you the right to live and work in the US - the I-94 gives you the status to BE in the US.


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## alpha-man (Dec 29, 2019)

I-94 expires much later. However, I-94 is only a necessary but not a sufficient condition to stay in the country. As an L1B visa holder, I am in the US only due to my employer. This is why I was asking about grace period.


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## Bellthorpe (Jun 23, 2013)

You will find many different views of the "grace period". It doesn't matter. If you leave any time up to the expiration of your I-94, all will be well. Keep in mind that the US does not have exit controls.


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## alpha-man (Dec 29, 2019)

Bellthorpe said:


> You will find many different views of the "grace period". It doesn't matter. If you leave any time up to the expiration of your I-94, all will be well. Keep in mind that the US does not have exit controls.


Being allowed to leave the US is not the only concern.

1. What happens if you try to visit again? They will certainly look at even minor rules you violated in the past including aspects concerning grace periods.
2. What happens if you are randomly scrutinized or 'ID'ed by the police during your "grace period" and they decide you have to be deported because your interpretation of grace period was wrong? Being deported can be very unpleasant and one would not get the opportunity to sort out things before leaving.


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## alpha-man (Dec 29, 2019)

Also, to give some perspective, I-94 is usually stamped for 5 years in L1-B visas. There is no way you would be allowed to stay for that long if you lose your job.

The maximum US allows (non-employment based) foreigners to stay at a time is 6 months on a tourist B2 visa.


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## Bellthorpe (Jun 23, 2013)

1) The moment your visa actually finished, you will apply for a visa waiver. With that you will be able to enter the US. I applied for a visa waiver the moment I received acknowledgment of my green card abandonment. With your visa waiver you will be able to freely enter the US. 

2) If you get asked for ID by the police, you would normally show them your driving license. The police could not decide that you have to be deported. An immigration judge might do that, but you would show him evidence of your I-94 and all would be well. 

As mentioned, a visa allows you to present yourself for entry into the country. The I-94 shows the date by which you must leave.


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## alpha-man (Dec 29, 2019)

Thanks for the response.



Bellthorpe said:


> 1) The moment your visa actually finished, you will apply for a visa waiver. With that you will be able to enter the US. I applied for a visa waiver the moment I received acknowledgment of my green card abandonment. With your visa waiver you will be able to freely enter the US.
> 
> As mentioned, a visa allows you to present yourself for entry into the country. The I-94 shows the date by which you must leave.


1. I am not eligible for visa waiver (ESTA) as I am not from one of those countries.
2. For this method, I believe you have to leave the country and then come in through visa waiver (which allows 90 days of stay). But you're going to have to prove your non-immigrant intention to CBP, because you had recently held a job in the US and also have lots of ties. However, yes, with visa waiver it should not be too much of an issue to enter again.



Bellthorpe said:


> 2) If you get asked for ID by the police, you would normally show them your driving license. The police could not decide that you have to be deported. An immigration judge might do that, but you would show him evidence of your I-94 and all would be well.
> 
> As mentioned, a visa allows you to present yourself for entry into the country. The I-94 shows the date by which you must leave.


You're right about the police. Even if one showed his/her the passport (and not a driving license) and it has a valid I-94 it should not be an issue.

With an immigration judge however (I'm not sure how it would ever go to one, do you?  ), a valid I-94 alone might not be sufficient. There is some "unspoken rule" about when you're legally supposed to leave after your employment is terminated and I'm trying to find out what it is, so that even if I want to come to the US again on a tourist or new work visa, I shouldn't have any troubles


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## alpha-man (Dec 29, 2019)

Since this link I had posted in my opening post was censored (because I had 0 posts then) I'm pasting it again here: 10-Day and 60-Day Nonimmigrant Grace Periods for Certain Nonimmigrants (Effective Jan. 17, 2017) | myattorneyusa


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## Crawford (Jan 23, 2011)

As previously said, and stated on various websites, there is no 'set in stone' rule for remaining in the US following the expiration of your visa and/or status.

You CAN apply for and be allowed a 10 day grace period; you CAN apply for and be allowed a 30 day or a 60 day grace period. It's all down to the Immigration official/officer who deals with your case. You MAY be allowed any of these graces. 

All the explanations regarding these grace periods appear to be on immigration advisor's websites (I can't find anything on the USCIS website), and they all express their explanations with MAY, or COULD, or MAYBE.

As per the website you have linked: An_ individual in one of the aforementioned nonimmigrant categories who loses his or her employment should consult with an experienced immigration attorney immediately for an individualized case assessment and an explanation of the available options that he or she may have going forward._


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## Moulard (Feb 3, 2017)

alpha-man said:


> Hi,
> 
> I have read contradicting news of 60 day and 10 day grace periods. Which is true?


They are both true but apply at different points during the visa life.

The 10 day rule is a grace period at the beginning and end of an authorized validity period.



> The rule allows an initial grace period of up to 10 days prior to the start of an authorized validity period, which provides nonimmigrants in the above classifications a reasonable amount of time to enter the United States and prepare to begin employment in the country. The rule also allows a second grace period of up to 10 days after the end of an authorized validity period, which provides a reasonable amount of time for such nonimmigrants to depart the United States or take other actions to extend, change, or otherwise maintain lawful status


The 60 day grace period is for circumstances like yours (job change) during the period of validity where. 



> This [60 day] grace period allows high-skilled workers in these classifications, including those whose employment ceases prior to the end of the petition validity period, to more readily pursue new employment should they be eligible for other employer-sponsored nonimmigrant classifications or employment in the same classification with a new employer.



Here is the true source, the federal register...

https://www.federalregister.gov/doc...d-program-improvements-affecting-high-skilled


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## alpha-man (Dec 29, 2019)

Thanks Moulard. This is what I was looking for!

Are you aware of whether one needs to apply for this 60 day grace period or it's given by default?


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## Moulard (Feb 3, 2017)

alpha-man said:


> Thanks Moulard. This is what I was looking for!
> 
> Are you aware of whether one needs to apply for this 60 day grace period or it's given by default?



I cannot imagine one would need to apply for the 60 day grace period in advance because one might not actually get advanced warning of a redundancy or other termination of employment. 

I would imagine that so long as you found alternative employment that met the conditions of your visa within the 60 day period you would not be in breach of your visa requirements.

I would suggest reading the whole of the regulation, just in case there is something buried in the fine print.


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