Join H1B transfer employer after 60 day grace period

USA H1B Visa
1

Using H1B 60 day grace period after lay off

-I am currently out of employment and last day of my previous employment was 12/07/2018 and am on 60 days grace period, as of today its been 41 days and it ends by 02/05/2019

H1B revoked by previous employer

  • My previous employer has revoked H1B-I797 on 01/15/2019.
  • I have my visa stamped on my passport and my I94 is valid till 11/06/2019
  • I have my I140 approved and stayed more than 180 days with employer

H1B Transfer waiting to be filed

  • I got an offer and working on H1b transfer

Questions,

  1. Should the H1b transfer need to filed or I should join the job before 60 days?
  2. If its just filing, Can I join the job even after 60 days completed?
  3. If we file for H1b transfer will it be counselor processing by default?

Thanks

2

Start working on 60th Day with H1B transfer

You can start working with new H1B employer even if your H1B transfer was filed on 60th day and you received the receipt number on 60th day.

If the petition is going to be filed on 61st day or you will receive the receipt number on 61st day or after, you should ideally go out of USA by your 60th day and plan to re-enter USA.
After 60th day, you are automatically deemed to be ‘OUT OF STATUS” and it can have ramifications later.

More information:

3

Hi Anil,
Thanks for replying. But i heard from the company that receipt number wont come on the same day of filing.

As it will take 1 week to receive the receipt number from USCIS since premium processing is on hold.

4

Usually, if the application is sent by FedEx overnight service, the date it is delivered is considered safe to start working.

You can take a grace of 2-3 days once delivered.
So, I suggest to send application in a way that it reaches USCIS on or before 57th day.

5

Sure, my new employer is working effectively to submit it asap. But they are strict that I can join only with the receipt number from USCIS, as thats their company policy.

Given I have only 2+ weeks, they have to file LCA and then H1B transfer , so to get receipt number it might be a tight timeline.

As per your point, no matter what I have to leave at end o f 60th day. Not sure what I should do now.

6

Ya… I can understand the dilemma. But, the rule is a rule and if you don’t follow it, it may create problems for future visa applications.

So, it is better and in your favor to leave US on 61st day to avoid issues later.

Once H1B Transfer is approved, you can come back.

Talk to your Employer’s attorney too to get his view.

7

Sure I will talk to employers attorney and see what they say.

I have one other question,

I have a consultant who already have LCA approved for me and ready to file H1b, lets say if i join that consultant (Employer A) with receipt notice and then can i switch to another new employer (Employer B) with receipt notice, so new employer B can file H1b transfer for me? Given that my current H1b is revoked.

8

Yes, you can do that.

9

can a company able to file H1 B transfer for me after my 60 days grace period expired…and if they do …then does it required to H1 B get approved to join them or i can join on H1 receipt…Could you please suggest ?.

Also I want to add my change of status from H1B to B2 transfer is submitted at USCIS on 60th day by the Attorney through Fedex and it is reached at USCIS.

Please suggest what are my option to join a company who is offering me job currently.

Appreciate Help…!!

10

Hi @pankaj29

Every detail had been given here. please read.

11

Hi. I might have a special scenario. My previous job and H1 ended. I have now obtained a new H1B with a new employer within my grace period. But my grace period ends on June 27th, while the new job starts on July 1st. That creates a 4 day gap beyond the grace period. Does that mean I will still have to leave the country for 4 days, even though I have a new H1B approved.

Thanks,
SS

12

If it’s approved without the need of consular processing, then you are all set my friend. Good luck.