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Manhattan H-1B Visa Lawyers

Your H-1B status is tied to your employer. This is something every H-1B worker knows intellectually, but the reality doesn’t hit until the day your job ends. Maybe you got laid off during a restructuring. Maybe your company went under. Maybe you resigned for a better opportunity. Whatever the reason, the moment your employment ends, a clock starts ticking. You have 60 days to figure out your next move, and if you don’t, you’re expected to leave the country.

The 60-day grace period is one of the most stressful windows in American immigration law. It’s technically meant to give you time to find a new sponsor, change your status, or prepare to depart. But 60 days isn’t much time when you’re job hunting in a competitive market, dealing with the emotional aftermath of losing your position, and trying to navigate complex immigration procedures simultaneously.

Most H-1B guides mention the grace period as a footnote. They tell you it exists, maybe give you a sentence about your options, and then move on to discussing specialty occupations or lottery statistics. That’s not helpful when you’re staring at day 15 of your grace period with no job offers and no idea what happens next.

This article is different. We’re going to walk through exactly what triggers the 60-day period, what your options are during that window, how H-1B portability actually works, and what happens if you don’t find a solution in time. If you’re an H-1B worker in Manhattan facing job loss, this is the information you need.

Understanding your options doesn’t just reduce stress. It can be the difference between maintaining your status and having to leave a country where you’ve built your career, your relationships, and your life.

What Triggers the 60-Day Grace Period

The grace period isnt automatic. It only kicks in under specific circumstances, and understanding what triggers it helps you plan accordingly.

The 60-day grace period applies when your H-1B employment ends – whether you resigned, were laid off, or were terminated. The key is that your employment relationship with your sponsoring employer has ended. Your still in valid H-1B status, but your no longer working for the employer who sponsored you.

Heres what many people dont realize: the 60 days starts from the date your employment actualy ends, not from the date you recieved notice. If your company gave you two weeks notice but your last day of employment is March 15th, the clock starts March 15th. Not when you found out. Not when you started job hunting. The actual last day of work.

Theres also a critical limitation. You only get one 60-day grace period per authorized validity period. If you change jobs, use your grace period, and then lose that new job too, you dont automaticaly get another 60 days. This is why using the grace period wisely matters so much – you might not get a second chance.

The grace period also cant extend beyond your H-1B validity. If your H-1B was valid until June 30th and you lose your job on June 1st, you dont get 60 days. You get until June 30th. The grace period is the shorter of 60 days or your remaining validity period.

Your Four Options During the Grace Period

When your in the grace period, you have four main options. Each has different requirements, timelines, and implications. Choosing the right one depends on your specific situation.

Option 1: Find a new H-1B sponsor. This is the most common path. Another employer files a new H-1B petition on your behalf. Under H-1B portability rules, you can actualy start working for the new employer as soon as USCIS recieves the petition – you dont have to wait for approval. But the petition has to be “nonfrivolous,” meaning its filed in good faith with a reasonable basis for approval.

Option 2: Change to a different visa status. Maybe you want to take time off, maybe you want to go back to school, or maybe you have another visa category you qualify for. You can file to change status – for example, to F-1 student status, B-1/B-2 visitor status, or O-1 status if you have extraordinary ability. The key is filing before your grace period ends.

Option 3: Apply for adjustment of status. If you have an approved immigrant petition (like an I-140) and a visa number is available, you might be eligable to file for a green card. This is obviously the most permanant solution, but it requires having an approved petition and meeting other requirements.

Option 4: Compelling circumstances EAD. If you have an approved I-140 and face compelling circumstances – like a serious medical condition or significant harm if you cant work – you might qualify for a special employment authorization document. This is relativly rare but worth exploring if your situation is genuinly dire.

H-1B Portability Explained – When You Can Start Working

H-1B portability is one of the most important provisions for workers changing employers, but its also one of the most misunderstood. Heres how it actualy works.

Under the American Competitiveness in the 21st Century Act (AC21), H-1B workers can begin employment with a new employer as soon as that employer properly files a new H-1B petition on there behalf. You dont wait for approval. You dont wait for a decision. As soon as USCIS recieves the petition and issues a reciept notice, you can start working.

This is not the same as being in approved status. Your working on a pending petition, which means your status is contingent on that petition being approved. If its denied, you have to stop working imediately. But it allows you to maintain employment continuity rather then sitting idle during what could be months of processing.

The catch: you must have been in lawful H-1B status when the new petition was filed. If you filed after your grace period expired, or if you werent maintaining status for some other reason, portability dosnt apply. Timing matters enormously here.

Premium processing can help here. For an additional $2,805, your employer can request that USCIS adjudicate the petition within 15 buisness days. This dosnt guarentee approval, but it gets you an answer fast. If your in your grace period and anxious about the outcome, premium processing provides certainty one way or the other.

What Happens If You Dont Find a Sponsor in 60 Days

Lets address what nobody wants to talk about: what happens if the 60 days runs out and you havent secured a new sponsor or filed for a change of status?

Technicaly, once your grace period ends without a filed application or petition, you are no longer maintaining lawful status. Your expected to depart the United States. If you dont, your considered to be in “unlawful presence,” which starts accruing from the day after your grace period ends.

Unlawful presence has serious consequenses. If you acrue more then 180 days of unlawful presence and then leave the country, your subject to a 3-year bar on reentry. More then 365 days triggers a 10-year bar. These arnt theoretical consequences – there real bars that prevent you from returning to the US even if you later qualify for a visa.

This is why its so important to either find a solution within the grace period or leave before it expires. Overstaying dosnt give you more time to find options – it just creates additional problems that make future immigration much harder.

If your approaching the end of your grace period without a solution, consult with an immigration attorney imediately. There may be options you havent considered, or it may be time to plan a gracefull departure rather then risking unlawful presence.

The 10-Day Departure Period – Its Not What You Think

Theres another timeframe that causes confusion: the 10-day departure period at the end of your H-1B validity. This is completly seperate from the 60-day grace period, and mixing them up can cause serious problems.

The 10-day period is simply time to prepare for departure and travel. Its not an extension of your work authorization. You cant work during these 10 days. You cant use them to find a new job. There specificaly for wrapping up your affairs and leaving the country.

So if your H-1B was valid until December 31st, you technicaly have until January 10th to depart. But you cant work after December 31st, and this 10-day period dosnt interact with the grace period rules. Its a completly seperate provision.

Many H-1B workers get confused and think they have 60 days plus 10 days, or that the 10 days extends there ability to find work. It dosnt. Keep these timeframes seperate in your mind, and dont rely on the 10-day departure period for anything other then actually departing.

Finding Manhattan H-1B Lawyers Who Handle Emergency Transfers

Not every immigration lawyer handles H-1B cases, and not every H-1B lawyer has experiance with emergency transfers during grace periods. When your clock is ticking, you need someone who understands the urgency and knows how to move fast.

Heres what to look for in a Manhattan H-1B lawyer:

Experiance with portability cases. Ask specifically about there experiance with H-1B transfers and portability. How many have they handled? What was there success rate? Do they understand the AC21 provisions inside and out?

Understanding of timing. A good H-1B lawyer knows that every day matters during a grace period. They should be responsive, able to file quickly, and understand the implications of delays. If there not returning your calls within a day, thats a red flag when your in a time-sensitive situation.

Connections with employers. Some Manhattan immigration firms have relationships with companies that frequantly sponsor H-1B workers. While they cant guarentee you a job, they may be able to point you toward employers who are open to sponsorship – which is valueable when your racing against time.

Realistic expectations. Beware of lawyers who promise guarenteed outcomes or claim they can fix any situation. Good immigration lawyers are honest about your options and the risks involved. They’ll tell you if your case is strong or if you should prepare contingency plans.

Premium Processing – When Its Worth the $2,805

Premium processing guarentees USCIS will adjudicate your H-1B petition within 15 buisness days. The fee is $2,805, paid by the employer (though some employers require employees to reimburse this). Is it worth it?

In a grace period situation, often yes. The peace of mind alone can be worth it. Knowing within three weeks whether your approved or denied lets you plan your next steps. If your approved, great – your status is solid. If your denied, you have time to file an appeal, find another sponsor, or plan your departure.

Without premium processing, regular H-1B adjudication can take 3-6 months or longer. If your working on portability, that means months of uncertainty about whether your status will ultamately be approved. Some people can handle that ambiguity. Others find it extremly stressful, especialy if they have families depending on them.

Premium processing also makes sense when timing is tight. If your near the end of your grace period and havent found a sponsor yet, getting that petition filed with premium processing gives you the fastest path to certainty. Regular processing means you might be waiting months after your grace period ends, still unsure of your ultimate status.

The main argument against premium processing is cost. $2,805 is real money, especialy if your between jobs. And if your employer is already spending thousands on the base petition fees, they may resist adding premium processing on top. But in most grace period situations, the benefits outweigh the costs.

The H-1B Lottery – Why Some Workers Never Face This Stress

Its worth understanding how you got into this situation in the first place, because it affects your options going forward.

The H-1B visa has an annual cap of 65,000 visas, plus an additional 20,000 for workers with US advanced degrees. Because demand far exceeds supply – in recent years, over 400,000 registrations for 85,000 spots – USCIS runs a lottery to determine who gets to apply.

If you were selected in the H-1B lottery and your petition was approved, you recieved cap-subject H-1B status. This means you went through the lottery process. The good news: if you change employers, the new employer dosnt have to go through the lottery again. Your already “counted” against the cap.

But some employers are cap-exempt. Universities, nonprofit research organizations, and there affiliates can sponsor H-1B workers without going through the lottery at all. If you currently work for a cap-exempt employer and want to transfer to a cap-subject employer, the new employer would have to enter you in the lottery – unless you’ve already held cap-subject status before.

This matters for your job search. If your coming from a cap-exempt employer and have never held cap-subject status, your options during a grace period are more limited. You either need to find another cap-exempt employer or wait for the next lottery cycle. This is a critical consideration that many workers dont realize until there in the middle of a grace period crises.

Options If Your Not Selected in the Lottery

Some H-1B workers reading this arnt in a grace period – there facing the lottery problem. There registered, they waited, and they werent selected. What now?

According to Holland & Knight, there are several alternatives worth considering:

Try again next year. If you have valid work authorization (like OPT), you can enter the lottery again. Many people are selected on there second or third try. Its not guarenteed, but odds may be better in subsequent years.

Cap-exempt employers. Universities and nonprofit research organizations arnt subject to the cap. If you can find a position at one of these employers, you bypass the lottery entirely.

O-1 visa. For individuals with extraordinary ability in there field. Higher bar then H-1B, but no lottery and no annual cap.

L-1 visa. If you work for a multinational company, you might be able to work at an overseas office for a year and then transfer back on an L-1. Requires planning but avoids the lottery.

Concurrent enrollment. Some workers continue there education (maintaining F-1 status) while reapplying for the lottery each year. This requires careful planning and dosnt work for everyone.

How Long Does the H-1B Process Actually Take

Processing times vary, and understanding the realistic timeline helps you plan during stressful periods.

For a standard H-1B petition (no premium processing), expect 3-6 months for initial adjudication. This can vary based on USCIS workload, the service center processing your case, and whether USCIS issues a request for evidence (RFE).

If you recieve an RFE, add another 60-90 days to the timeline. RFEs arnt necessarily bad – sometimes there just requests for clarification – but they do delay your case significantly.

Premium processing reduces initial adjudication to 15 buisness days. But if USCIS issues an RFE during premium processing, the 15-day clock stops and restarts when you respond to the RFE. So premium dosnt guarentee a quick final answer if there are issues with your petition.

For H-1B transfers during a grace period, the timeline matters enormously. If your employer files without premium processing, you could be working on portability for months before getting a decision. Thats legal – portability allows you to work – but its uncertain. Many workers prefer the certainty that premium processing provides.

Costs of the H-1B Process

Understanding costs helps you navigate conversations with potential employers during your grace period.

Base H-1B filing fees range from roughly $2,000 to over $8,000 depending on employer size and various factors. The main components include the base filing fee, the ACWIA fee (for training American workers), and potentially the fraud prevention and public law fees for certain employers.

Premium processing adds $2,805 on top of base fees. Attorney fees typically range from $2,000 to $5,000 or more, depending on the complexity of the case and the attorneys experiance level.

Most employers pay these fees – there generaly not supposed to pass them on to employees (with some exceptions for premium processing). But when your in a grace period and a potential employer is hesitant about sponsorship costs, understanding the actual numbers helps you have realistic conversations.

Some employers who are reluctant to sponsor might become more willing if you offer to cover certain costs yourself (where legally permitted). This isnt ideal, but when your racing against a 60-day clock, practical solutions sometimes trump ideal ones.

Working With Your Employer During the Grace Period

If you resigned voluntarily, your relationship with your former employer might still be usefull during the grace period. Some employers are willing to delay your official termination date, giving you more time to find a new sponsor before the clock starts.

If you were laid off, your former employer might be able to help in other ways – providing strong reference letters, introducing you to there network, or even rehiring you if buisness conditions change. Dont burn bridges, even if the separation was difficult.

Document everything about your employment end date. Get it in writing when your last day officially is. This documentation matters if theres ever a question about when your grace period started. Ambiguity here can create serious problems later.

If your employer offers severance, understand how it affects your grace period. Severance payments dont necessarily extend your employment relationship – your grace period might still start from your last day of actual work. Clarify this with an immigration attorney if your unsure.

Taking Action on Your H-1B Situation

Whether your in a grace period, facing lottery uncertainty, or just want to understand your options before a potential job change, the time to consult with an immigration lawyer is now – not when your already in crisis.

Manhattan has numerous experienced H-1B attorneys who understand the urgency of employment-based immigration issues. Look for someone who specializes in employment immigration, has specific experiance with portability and grace period situations, and can move quickly when timing is critical.

If your currently employed and stable, now is still the time to understand your rights. Know what happens if your employer closes or lays you off. Know your options for changing employers. Know the difference between cap-exempt and cap-subject status. This knowledge is power when circumstances change.

The 60-day grace period is stressful, but its also manageable if you understand your options and act quickly. Every day you wait is a day less to find a solution. If your in this situation right now, stop reading and start calling immigration lawyers. Your status is worth protecting.