International Services

• About OIS

  • Hours and Location
  • Mission and Goals
  • Organizational Chart
  • Meet our Staff
  • Emergency Contact Information
  • Contact Us

• International Center

  • Programs & Events
  • IC History
  • Student Groups
  • Bloomington Worldwide Friendship

• Student & Scholar Advising

  • Students

    • F-1 Students
    • J-1 Students
    • Orientation

  • Faculty, Staff, & Visitors

    • J-1 Scholars
    • H-1B Employees
    • Permanent Residence
    • Short-term Visitors
  • Living in the U.S.
• Site Map

• Indiana University

  • About IU
  • Bloomington
  • Indianapolis
  • East
  • Fort Wayne
  • Kokomo
  • Northwest
  • South Bend
  • Southeast

 Login  Prepaid Long Distance  Campus Map  Statistical Reports  Donate to OIS  iOffice 2.0

⇒ Student & Scholar Advising ⇒ Faculty, Staff, & Visitors ⇒ H-1B Employees ⇒ Employment Terminated by Employer

Employment Terminated by Employer

Question: What are my rights?

If your employer will terminate your employment prior to the end date listed on your H-1B Approval Notice, your employer is liable for the reasonable costs of your return transportation abroad if you choose to depart the US and request this of your employer.  This liability does not include H-4 dependent expenses, and usually includes airfare only.  See 8 CFR 214.2(h)(4)(iii)(E).

Question: Is there a grace period?

There is no grace period.  An H-1B employee whose employment is terminated is expected to either a) depart the US on or prior to the last day of employment or b) have filed with immigration an application to extend status with a new employer or to change status on or prior to the last day of employment.  If an application is filed with immigration, it must be received by immigration on or prior to the last day of employment.

Question: If I choose not to depart the US, what application do I need to file?  How do I file the application?  What status do I need to request?  I have other questions.

We advise you to speak with an immigration attorney who can further advise you.  An attorney in your area may be found here.