ISSS must be notified in one of the following ways whenever an H-1B employee's job ends before the end date on their I-797 Approval Notice :
- Send a copy of the employee’s resignation letter to [email protected] (if employee voluntarily resigns from position)
- Complete this Departure Form and send it to [email protected]
- Complete the H-1B Departure Form in MyISSS (must be completed by department).
As stated in the Employer Responsibilities, if the department terminates, non-renews or otherwise ends the employee's job before the end date of the approved H-1B petition, the employing department may be responsible for the reasonable costs of return transportation to the employee's last place of foreign residence. (This is not required if the employee resigns voluntarily.) ISSS will determine this.
Grace Periods
There are two types of H-1B grace periods:
- A 10-day grace period is sometimes granted at the end of H-1B status, but this is not automatic. If granted, it is reflected on the Form I-94. Employment is not allowed during the 10-day grace period.
If employment ends before the I-797 Approval Notice end date, a grace period of up to 60 days may be allowed. This grace period is the earliest of either (1) 60 consecutive days, or (2) the end of the authorized H-1B validity period (reflected on the Form I-94). It is important to note that this grace period is not guaranteed, and DHS may eliminate or shorten this grace period as a matter of discretion. Therefore, the decision to utilize this grace period should be carefully considered and discussed with an experienced immigration attorney or advisor.
Before a grace period ends, you must take one of the following actions: apply for a change or adjustment of status, be the beneficiary of an H-1B petition filed to change your employer, or depart the U.S.
Change/Adjustment of Immigration Status
H-1B employees who change immigration status or whose permanent residence (green card) is approved must also notify ISSS. If a change to another non-immigrant status is approved (for example, J-1 or F-1), H-1B employment authorization ends on the date that the change of status becomes effective, even if the I-797 Approval Notice still appears valid. Email a copy of your change of status approval notice to [email protected].
Employees who receive permanent residence should complete the Permanent Residence Received E-Form in MyISSS and must also complete a new I-9 for payroll purposes. (Contact your department HR/Payroll staff to complete the new I-9.)
