A 60 day grace period to remain in US after a layoff is no longer sacrosanct for H-1B workers
Sameer Khedekar, immigration attorney and founder of Vanguard Visa Law explained, 'Upon lay-off a 60-day grace period is available to an H-1B visa holder who either transfers the H-1B status to a new employer or applies to change his/her visa status (say to a dependent visa) before the grace period ends. However, increasingly the Department of Homeland Security is sending NTAs in immigration courts. This is happening even when the laid-off H-1B worker has a change of status application pending.
'
The notice points out to the date of withdrawal of the H-1B visa by the erstwhile employer and states that the individual has stayed in the US for longer than is permitted, he explains.
Rajiv S. Khanna, managing attorney at Immigration.com points out that a policy memo issued on Feb 28, states that NTAs should generally be sent "upon issuance of an unfavourable decision on a benefit request" where the individual is not lawfully present.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
These Are The Most Beautiful Women In The World
5minstory.com
Undo
However, recent cases demonstrate USCIS improperly issuing NTAs to individuals who remain in 'authorized periods of stay' (such as during the 60-day grace period for H-1B visa holders) including those with pending change of status applications.
To illustrate: An H-1B worker, who timely filed an I-539 application to change status to B-2 visitor within their 60-day grace period, received an NTA before a decision was made on the I-539.
'This contradicts guidance issued by the US Citizenship and Immigration Services (USCIS). In other words, if you have a properly filed, non-frivolous application pending, you should be considered in 'authorized stay' for unlawful presence purposes. Despite this, we are seeing a significant volume of NTAs," states Khanna.
According to USCIS's recent release their screening and vetting efforts have led to approximately 1,840 NTAs a week since Feb 2025.
Many of these appear to be issued in circumstances that raise serious questions about adherence to stated policy, adds Khanna.
USCIS under the Biden administration had issued guidelines for laid-off workers, which included changing status during the 60-day grace period. It had pointed out that status can be changed to that of a dependent if the spouse holds an H-1B or L-I visa. Other possible non-immigrant options include change of status to that of a student visa holder (F-1) or obtaining visitor status (B-1 or B-2 visas).
This guidance has been achieved and no fresh guidance has been issued.
When an NTA is filed with the immigration court, removal proceedings commence and unlawful presence is triggered which has serious consequences. For now, in addition to the loss of a job, laid off H-1B workers have the looming threat of deportation proceedings.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
17 minutes ago
- Time of India
Cash discovery row: SC questions Justice Yashwant Varma over his petition
New Delhi: The Supreme Court on Monday questioned Allahabad High Court Judge Yashwant Varma over his plea seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery row . A bench of Justices Dipankar Datta and AG Masih quizzed Justice Varma over the parties made in the petition and said he should have filed an in-house inquiry report with his plea. Explore courses from Top Institutes in Please select course: Select a Course Category Product Management MBA MCA Project Management Design Thinking others Degree Finance Digital Marketing Healthcare Technology Data Science healthcare Management Artificial Intelligence PGDM Data Science CXO Operations Management Data Analytics Leadership Others Public Policy Cybersecurity Skills you'll gain: Product Strategy & Roadmapping User-Centric Product Design Agile Product Development Market Analysis & Product Launch Duration: 24 Weeks Indian School of Business Professional Certificate in Product Management Starts on Jun 26, 2024 Get Details Skills you'll gain: Creating Effective Product Roadmap User Research & Translating it to Product Design Key Metrics via Product Analytics Hand-On Projects Using Cutting Edge Tools Duration: 12 Weeks Indian School of Business ISB Product Management Starts on May 14, 2024 Get Details Skills you'll gain: Product Strategy & Competitive Advantage Tactics Product Development Processes & Market Orientations Product Analytics & Data-Driven Decision Making Agile Development, Design Thinking, & Product Leadership Duration: 40 Weeks IIM Kozhikode Professional Certificate in Product Management Starts on Jun 26, 2024 Get Details Senior advocate Kapil Sibal , appearing for Justice Varma, submitted that there is a process under Article 124 (the Establishment and constitution of the Supreme Court), and a judge can't be a subject matter of public debate. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cardiologist Reveals: The Simple Morning Habit for a Flatter Belly After 50! Lulutox Undo "The release of video on SC website, public furore, media accusations against judges are prohibited as per constitutional scheme," Sibal said. At this point, the bench said, "Why did you appear before the inquiry committee? Did you take a chance of a favourable order there first?" Live Events The hearing is underway.
Time of India
17 minutes ago
- Time of India
How China's Shaolin ‘CEO monk' suffered a great fall? Under probe for ‘improper relationship' with women, illegitimate kids, and embezzlement
Shi Yongxin , the abbot of China 's iconic Shaolin Temple , is under investigation for alleged embezzlement and violations of Buddhist conduct, the temple's administration confirmed in a statement on Sunday, July 27. The statement said Shi is suspected of misappropriating project funds and temple assets. He is also accused of violating Buddhist precepts by maintaining improper relationships with multiple women over an extended period and fathering at least one child, which the temple authority called illegitimate in their WeChat post, a serious breach of monastic vows that require celibacy. Explore courses from Top Institutes in Please select course: Select a Course Category Data Science Technology CXO others Artificial Intelligence Operations Management Data Analytics Public Policy Healthcare MCA Project Management Design Thinking PGDM Digital Marketing Management Degree healthcare Finance Leadership Data Science MBA Cybersecurity Product Management Others Skills you'll gain: Duration: 10 Months IIM Kozhikode CERT-IIMK DABS India Starts on undefined Get Details Skills you'll gain: Duration: 11 Months E&ICT Academy, Indian Institute of Technology Guwahati CERT-IITG Postgraduate Cert in AI and ML India Starts on undefined Get Details Skills you'll gain: Duration: 11 Months IIT Madras CERT-IITM Advanced Cert Prog in AI and ML India Starts on undefined Get Details Skills you'll gain: Duration: 10 Months E&ICT Academy, Indian Institute of Technology Guwahati CERT-IITG Prof Cert in DS & BA with GenAI India Starts on undefined Get Details Skills you'll gain: Duration: 30 Weeks IIM Kozhikode SEPO - IIMK-AI for Senior Executives India Starts on undefined Get Details Also Read: At 58, Adam Sandler revisits Happy Gilmore, but his most personal work still honors his Russian-Jewish heritage by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Could Be the Best Time to Trade Gold in 5 Years IC Markets Learn More Undo Several government departments are jointly conducting the investigation. The temple administration said, 'Relevant information will be announced to the public in a timely manner. " Shi has not commented publicly, and CNN has been unable to reach him. Who is Shi Yongxin? Live Events Shi Yongxin, 59, has led the Shaolin Temple since 1999. Known in Chinese media as the 'CEO monk,' he is widely recognized for commercializing the temple and expanding its global presence. He is the first Chinese abbot to hold an MBA and has been active in politics, serving as a delegate to China's National People's Congress for two decades. He was frequently spotted traveling around the world with an iPhone in hand, meeting influential figures such as the late Queen Elizabeth II of Great Britain, the late South African President Nelson Mandela, Henry Kissinger, and Apple CEO Tim Cook. In February 2025, Shi led a delegation of monks to meet Pope Francis at the Vatican. Under his leadership, the temple licensed its name to films, games, and cartoons, staged Shaolin kung fu performances globally, and entered into publishing, traditional Chinese medicine, tourism, and real estate ventures. Past criticism Shi's efforts to brand and commercialize Shaolin drew criticism over the years, with some accusing him of undermining the temple's spiritual role. According to a CNN report, in 2006, he accepted a 1 million yuan car from a local government to promote tourism, which sparked backlash. At the time, he told Chinese state media, 'Monks are also citizens… we have fulfilled our duties and made contributions to society.' In 2015, Shi Yongxin faced a wave of allegations posted on Chinese social media by an anonymous user claiming to be a former disciple. The accusations included embezzlement, having multiple identities, and fathering children, charges that made national headlines. The Shaolin Temple denied the claims, calling them 'fabricated and malicious,' and authorities launched an investigation. According to Caixin Global and CNN, the probe concluded in 2017 with no evidence to support the allegations, and Shi was cleared of wrongdoing. Despite that, Shi remained influential and was re-elected in 2020 as deputy head of the Buddhist Association of China . Consequences On Monday, July 28, the Buddhist Association of China announced, citing the Shaolin Temple Management's situation report, that Shi had been stripped of his ordination certificate. In a statement quoted by CNN, the association said his actions were 'of an extremely egregious nature, severely tarnishing the reputation of the Buddhist community.' The Shaolin Temple, founded over 1,500 years ago (AD 495) in Henan province, is revered worldwide for its connection to Zen Buddhism and Shaolin kung fu. It is the birthplace of Chan Buddhism, a precursor to the meditative Zen tradition, and is famous for its 'warrior monks.'
Time of India
17 minutes ago
- Time of India
Japan's Nikkei ends lower as investors gauge corporate earnings
Japan's Nikkei share reversed course to end lower on Monday, as investors locked in profits following a recent rally and shifted their focus to domestic corporate earnings . The Nikkei dropped 1.1% to close at 40,998.27, after rising as much as 0.2% earlier in the session. The broader Topix slipped 0.72% to 2,930.73. Explore courses from Top Institutes in Please select course: Select a Course Category Data Analytics PGDM Operations Management Cybersecurity MCA Technology Artificial Intelligence Data Science MBA Healthcare Design Thinking Public Policy healthcare Finance Degree Data Science Product Management others CXO Management Leadership Digital Marketing Others Project Management Skills you'll gain: Data Analysis & Visualization Predictive Analytics & Machine Learning Business Intelligence & Data-Driven Decision Making Analytics Strategy & Implementation Duration: 12 Weeks Indian School of Business Applied Business Analytics Starts on Jun 13, 2024 Get Details by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like War Thunder - Register now for free and play against over 75 Million real Players War Thunder Play Now Undo "Investors sold stocks to book profits from a recent rally; that's a short answer to today's declines," said Seiichi Suzuki, chief equity market analyst at Tokai Tokyo Intelligence Laboratory. "But they sold stocks because the shares jumped last week, and were concerned that corporate earnings may not justify the current level of the equities." Last week, the Nikkei climbed to a one-year high after Japan and the United States struck a deal to lower the hefty tariffs U.S. President Donald Trump threatened to impose on goods from Japan. Live Events Chip-related shares led the declines, with Advantest tanking 8.96% to become the biggest drag in the Nikkei. Screen Holdings lost 9.74% to become the top percentage loser in the Nikkei, after the chip-making equipment maker reported a 12.2% decline in its latest quarterly operating profit. The banking sector fell 2.86% to become the worst performer among the Tokyo Stock Exchange 's 33 industry sub-indexes. Bucking the trend, Fanuc jumped 5% to become the top percentage gainer in the Nikkei, after the robot maker's latest quarterly operating profit jumped nearly 30%. The company also said that its forecast factored in the 15% U.S. tariff set to take effect on August 1. Of the more than 1,600 stocks trading on the TSE's prime section, 42% rose and 52% fell, with 4% trading flat.
