Immigration Issues/H1B question


Hi, I resigned from my job as a scientist in a university on March 31st, 2008 and was told that my H1B expired on the same day. My questions:
1. Is 10 day the grace period given for an expired H1B worker to leave country?
2. I've applied for F-2 (my husband has F1) and shall get my F-2 I-20 on 4/7/08; will I be in a valid status after this or am I supposed to leave US and then re-enter with a new F-2 visa?
3. What is the 180 day rule (I read it on this website that people with expired H1 can stay for 180 days before leaving US)? Does it apply to my case?
4. What all options do I have, if I do not wish to travel outside US and get a new status here?
Thank you in advance!

There is no grace period for H1 visas.
You should leave the country and re-enter on F2.  You should leave immediately and not rely on the 180 day rule.  The 180 day rule means that if you are out of status more than 180 days you will not be allowed to reenter the US for at least three years under any visa.  As it stands now the longer you wait to leave the country and come back on another valid status is risking your ability to re-enter.

In my opinion, you have no other options other than the one discussed above.
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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