The H-1B visa program is an employment-based visa inherently tied to the visa holder's specific job. Therefore, loss of this specific position can be detrimental to a visa-holders' ability to stay in the United States and continue working. In order to address this concern, beginning on January 17, 2017, the United States Citizenship and Immigration Services (USCIS) issued a new federal rule, granting H-1B holders a 60-day grace period in the circumstance of job loss or termination. This rule was not originally intended to cover resignation of a position.
Many H-1B status holders have pending Adjustment of Status application. Advance Parole allows an individual to travel outside of the United States with a pending Adjustment of Status application. It is essential to apply for Advance Parole if you have a pending Adjustment of Status application because if you travel abroad without this document, your application will be considered abandoned. However, there is an exception for H-1B and L-1 visa holders, who do not need to apply for Advance Parole prior to traveling. If you are considering traveling abroad as an H-1B visa holder with an Adjustment of Status application pending, here are some considerations to be aware of:
The Department of Homeland Security (DHS) recently announced its proposal for a new H1B rule called the Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens. The new rule would require filers of H1B petitions to electronically register first with the U.S. Customs and Immigration Service (USCIS) during a designated period. The new rule would also reverse the order by which USCIS selects H1B petitions under the cap and advanced degree exemption.