The United States Citizenship and Immigration Services (USCIS) has introduced few new rules that will benefit H1B and H4 visa holders. There is speculation that Donald Trump administration may introduce rules that will be difficult for H1B visa. The USCIS will now allow a grace period of 60 days to terminated H1B visa holders to find a new job or to leave the USA. The terminated H1B holder will have an advantage of sorting out the paperwork within a period of 60 days compared to the earlier incidents where individuals were asked to leave immediately. The termination of employment for a non-immigrant worker could be a very stressful situation, the grace period of 60 will help terminated H1Bh visa holders to find a new job to transfer the H1B visa before they are required to leave the country. For someone finding it difficult to get a new job, they will have enough time to plan their exit from the USA.
Another interesting rule is for H4 visa workers. Typically, the H4 visa is dependent on the validity and sponsorship of H1B visa, the new rule will enable the H4 visa holders to continue working while the H4 and H1B extension applications are in pending status.
If an H1B visa holder has been subjected to retaliatory action by an employer, USCIS will provide an extension of stay, even if the individual is not able to find a new job within 60 days. If an H1B visa holder wish to continue working in the USA, he/she may apply for an immigrant work visa by submitting the form I-140.