ISSS must be notified whenever an H-1B employee's job ends before the end date on their I-797 Approval Notice. Please notify ISSS in one of the following ways:
- 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 H1-B Departure Form in MyISSS (must be completed by department).
As stated in the Employer Responsibilities, if the department dismisses the employee 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. ISSS will determine this.
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 sooner of either (1) 60 consecutive dates, or (2) the end of the authorized H-1B validity period (reflected on the Form I-94). Before the grace period ends, you should 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. (See this USCIS FAQ: Options for Nonimmigrant Workers Following Termination of Employment.)
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.
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.)
