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Grace Period

Grace Period for H, TN, E, and O status

Unlike individuals who are in the US in F- or J-status, foreign nationals who hold H, TN, E or O-status do not have a formal grace period. This means that once someone in such a status loses the employment on which his or her status is based, will need to leave the US immediately.

At the discretion of the CBP inspector at the port of entry, an individual in H-status may be granted admission to the US for a period of ten (10) days beyond the expiration date stated on the formal H-1B Approval Notice (Form I-797). If such a ten-day period is granted, it will be indicated on the I-94 card.

Please note that should your I-94 record reflect an end date that is beyond the expiration date of your Approval Notice (H-1B and O-1), LCA (E-3) or job offer letter (TN), you may not work beyond that expiration date even if your I-94 uses a different end date. Please contact ISS should you have any questions or concerns about this.