Leaving UC Berkeley

Early Completion of H-1B Employment

Departments must notify BIO in writing of the early completion of H-1B employment by submitting an employment termination letter or resignation letter. You should also email our office if you will be terminating your employment prior to the expiration date of the I-797 approval notice. You may be given a grace period of up to 60 days, or until the end of the authorized validity period on your approval notice, whichever is shorter. Employment is not authorized during this grace period unless you have other work authorization. Contact BIO at h1b@berkeley.edu for more information.

Grace Period at the end of the H-1B petition validity dates

Up to a 10-day grace period after the petition validity dates may be granted by the Port of Entry or USCIS. The grace period is not automatic, but may be granted on the I-94 record upon entry or on the I-797 approval notice.  During this grace period, the employee may remain in the U.S., but may not continue to work. Contact BIO at h1b@berkeley.edu if you have any questions.

Cost of Return Transportation

If the employer terminates the employment prior to the end date on the H-1B approval notice, employers must offer to pay the reasonable cost of return transportation to the employee's last country of residence.