Should be prepared to leave USA on H1B grace 60th day if the receipt number is not received?


Currently, I’m in the 60-day grace period, Feb 4th was the last day at perv company and 60 days grace period ends on April 6th (From Tuesday, February 5, 2019 Added 60 days).

Please correct me if I am wrong in the day’s calculation. Now my h-1b applied in premium on March 27th and waiting for receipt number from USCIS if I do not get the receipt number by April 6th should I move out of the US or can I still stay here in US?

Checked with the new company they are not agreeing for me to start work on FedEx receipt basis, so I am waiting for the USCIS receipt number to be generated.

Attorney’s saying it can take anywhere from a few days to approximately two weeks from the date of filing to get the receipt number. Any thoughts on how to deal with this situation?

Should I be prepared to leave the Country on April 6th if the receipt number is not received?

As per the law, you should leave on 61st day if you cannot start working and get back into H1B status by 60th day.

Usually, fedex receipt is considered valid but we have seen cases where USCIS did not agree with fedex delivery date and you cannot contest it.

If it is filed in premium, you will anyways get result within 15 days.
My suggestion is to be ready to leave if receipt is not issued before 60th day and come back one your transfer is approved.

More scenarios for H1B 60 day grace period covered here: