Indian H-1B Visa Holder Misinterprets 60-Day Grace Period, Faces Immigration Trouble

In a cautionary tale that's sparking discussions among Indian professionals in the US, a Reddit user shared the story of a friend who misjudged the H-1B visa's 60-day grace period following a job layoff. The user revealed that his friend treated the period as a "soft deadline" and faced immigration issues, including receiving a Notice to Appear (NTA) for deportation proceedings. The post has gone viral on the r/h1b subreddit, highlighting the pitfalls of underestimating US immigration rules amid rising tech layoffs.

As per the post, the individual, an Indian H-1B visa holder, was let go from his job earlier this year. Under US Citizenship and Immigration Services (USCIS) guidelines, H-1B workers whose employment terminates are granted a 60-day grace period to seek new employment, change visa status, or prepare to depart the country. This provision aims to provide a buffer during transitions but is strictly enforced. However, the person treated the deadline as a "soft" one, believing he had a flexible timeline to find new employment within the 60 days. He overstayed, thinking it wouldn't be an issue if he secured another role soon.

The Reddit user explained, "He lost his job earlier this year and assumed the 60 days were kind of a 'soft deadline.” He stayed a bit longer while still job hunting, thinking it wouldn't matter as long as he found another role soon. Turns out that's not how it works." 

See the post here:

60-Day Grace Period Mistakes After H-1B Layoff – Learn From This
byu/Strong_Chemical4816 inreturnToIndia

However, once the 60 days expired, his status became invalid. When he tried to leave the country, his overstay was recorded, resulting in a violation mark on his record. This now appears as a red flag whenever he applies for a US visa.

"Once those 60 days are up, you're out of status. He ended up overstaying, and when he finally tried to leave, it created a record of violation. Now, every time he applies for a U.S. visa, it shows up as a red flag. The clock starts ticking the day you're terminated. If you don't transfer your H-1B, change status, or leave before then, it can mess up your plans," the post added. 

Users echoed the gravity of the error. One user stated, "Well, your friend is an idiot to make that mistake, honestly. It's literally the first rule of H1B. 60 days is a hard limit."

Another user commented, "What's a soft deadline? Never heard of it. As for your 'friend, ' it was idiotic to assume things and overstayed, so they deserve to be flagged in the system."

A third said, "No one believes it is a 'soft' deadline. It is the actual deadline, period. Even one day past it is overstaying. Only a moron would take US immigration lightly when you yourself are an immigrant."