{"id":60,"date":"2009-02-25T21:06:57","date_gmt":"2009-02-26T03:06:57","guid":{"rendered":"http:\/\/blog.messersmithlaw.com\/?p=60"},"modified":"2026-08-15T23:19:28","modified_gmt":"2026-08-16T05:19:28","slug":"h-1b-visa-transfers","status":"publish","type":"post","link":"https:\/\/blog.messersmithlaw.com\/?p=60","title":{"rendered":"H-1B Visa Transfers"},"content":{"rendered":"

Many H-1B visa<\/a> holders are under the impression that there is a \u201cgrace period\u201d following the conclusion of their stay in H-1B visa status. Most believe that if they are laid off, fired or otherwise terminated that they have 30, 60 or even 90 days to find a new H-1B sponsor or just to gather their things and leave the country. This is not the case.<\/p>\n

If the H-1B visa status terminates because the I-94 expires and there is no application for extension or transfer, then the H-1B visa holder has a grace period of 10 days, if and only if an extra 10 days is granted by US Customs and Border Protection (CBP)<\/a> when the H-1B visa holder enters the United States.<\/p>\n

If the H-1B visa holder is fired or terminated then he or she is out of status immediately. In fact, the petitioning employer is required to notify USCIS of the date of termination. If the H-1B holder is not employed by the petitioning employer and has not filed an application to transfer the H-1B visa to another company then he or she is out of status and may be accruing unlawful presence. Matter of Lee<\/em>, 11 I. & N. Dec. 601 (Reg. Comm. 1966). However, USCIS has some discretion pursuant to 8 CFR 214.1(c)(4) and may allow an application for H-1B visa transfer if filed within 30 days of termination.<\/p>\n

H-1B visa transfers are governed by INA \u00a7 214(n) and allows an H-1B visa holder to \u201cport\u201d to a new employer if these four requirements are met:<\/p>\n