1. Is My Grace Period 10 Days or 60 Days Where The Company Dismisses Me Two Days After my H-1B Time Runs Out?
I was on H-1B visa with my company and went home to have the visa put in my passport when I had about four months left on my petition. The consul took so long that by the time that my passport got the stamp and I returned, I only had a few days left on my authorized stay. My employer was mad that I had taken so much time to get the visa and did not want to be put under so much pressure to do the processing for my H-1B extension that it fired me two days after my status expired. I immediately contacted a competing company which is interested in sponsoring me for a new H-1B, but wonder if I have the time to have it done. Do I have 10 days grace or do I have 60 day grace period? I’ve heard different things.
Where an employer dismisses you after the ending date of your H-1B, you are not allowed the 60 day grace period as you were not fired within the validity period of your H-1B. You are, however, allowed the 10 day grace period during which your status will continue to be legal if the new employer is able to submit the petition to U.S.C.I.S. within that period of time. I note that even where the new employer is unable to do so, U.S.C.I.S. may still grant the H-1B transfer and extension without making you leave where there is good reason for which the petition is late. From your set of facts, it would appear that you have good reason for a late petition, that the delay is not attributable to any fault on your part, and you have made good faith efforts to regularize your status as quickly as you could. The only other suggestion that I can make is that the company should apply for your new petition under premium processing if it will be late since U.S.C.I.S. is variable in time with its adjudications, and if you are in the US 180 days after the grace period ends and the new H-1B extension part in the US is denied, you would face a three-year bar if you left and had to come back to the US.
2. Am I In Danger Where I Got Divorced Soon After Me and Ex-husband Got Green Cards From His Company Employment and I Was Only Married a Short Time?
I married my ex-husband in 2017 when he was being sponsored for the green card by his ex-employer. I was able to join his case and we both get green cards in 2018. Four months after the green card, we started divorce proceedings because we could not get along together and just finalized the divorce last month. Am I in danger of having my green card revoked?
Your case is not based upon a marriage petition, and so you would likely have no problems in retaining the green card. You would probably only have difficulties if it was proven that your marriage was a sham just in order to have you obtain a green card. That would probably start to become a possibility only if someone was to make a complaint with ICE.