Ending H-1B Employment

Resignation (voluntary termination)
Dismissal (involuntary termination)
Lawful permanent residence is obtained


Resignation (voluntary termination)

If an H-1B employee resigns, the HR specialist must send an Immigration Specialist a copy of the resignation PNF showing the last day of employment so we can notify both U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor and close the immigration file.

Resignation before the H-1B end date

If the last day of employment is prior to the expiration of the H-1B approval notice, FSIS must notify DOL and withdraw the LCA. If we are unable to withdraw the LCA in a timely manner, the department may be responsible for paying back wages plus interest to the employee. FSIS will also notify USCIS and withdraw the H-1B petition.

The H-1B regulations allow for a discretionary grace period of up to 60 consecutive days following the end of H-1B employment, or until the end of authorized validity period on the H-1B approval notice, whichever is shorter. This 60-day grace period may only apply one time per authorized nonimmigrant validity period. It is important to understand that the grace period only applies if the employment ends prior to the H-1B approval validation date. The decision to grant all or a portion of the grace period lies with USCIS at the time the agency is adjudicating the new request for an immigration benefit, filed by or on behalf of the employee.

Resignation on the H-1B end date

If the last day of employment will occur on the H-1B approval notice’s end date, then the employee must depart the U.S. by the “admit until” date on the Form I-94 record to avoid accruing unlawful presence in the U.S.

If the H-1B employee’s Form I-94 shows the granting of an additional 10-day travel status period beyond the H-1B approval notice’s validity, they may stay in the U.S., but cannot work during the 10 days. Departure from the U.S. must occur on or before the last day of the 10-day period unless the person can legally remain in the U.S. after employment ends.

If the H-1B employee was not granted the additional 10-day travel status period, they must leave the U.S. on or before the approval notice expires or the Form I-94 “admit until” date, whichever occurs earlier unless they can legally remain in the U.S. after employment ends.

If the employee has exhausted the maximum six-year period in H-1B status and is not eligible for further extensions, they must depart the U.S. as described above. In order to begin a new six-year H-1B period, they must be physically absent from the U.S. for at least 12 months.

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Dismissal (involuntary termination)

If the employee is dismissed from employment for any reason before the H-1B approval notice expires, the HR specialist must send an Immigration Specialist a copy of the termination PNF. FSIS is required to notify DOL and USCIS when an employee is no longer employed under the terms of a certified LCA and an approved H-1B petition.

The H-1B regulations allow for a discretionary grace period of up to 60 consecutive days following the end of H-1B employment, or until the end of authorized validity period on the H-1B approval notice, whichever is shorter. This 60-day grace period may only apply one time per authorized nonimmigrant validity period and can be used to find another employer or change visa status. It is important to understand that the grace period only applies if the employment ends prior to the H-1B approval validation date. The decision to grant all or a portion of the grace period lies with USCIS at the time the agency is adjudicating the new request for an immigration benefit, filed by or on behalf of the employee.

The UH department is responsible for the reasonable costs of return transportation to the last place of foreign residence (i.e., an economy fare air ticket) for the employee. UH is not responsible for moving costs, dependents’ tickets, or other transportation costs.

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Lawful permanent residence is obtained

If the employee obtains U.S. lawful permanent residence before the end of H-1B authorization, the HR specialist must send an Immigration Specialist a copy of the permanent resident card so we can close the H-1B file. No further action by the department needs to be taken.

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