Need advise in my special H1 transfer case

[TARUNMaP]

Hi,

I lost my job while being on H1-B on 31st March and currently on 60 days grace period on my approved I-140. I go another employer but they are saying they will take min 3 to 4 weeks of time to send the petition to USCIS for transfer. Today is 11th and I have time till 31st May on my grace period. According to new employer they may apply by 1st or second week of June. 

Question: Will it be a illegal stay, if i choose to stay 4 to 5 days more after 31st May and have this employer file the transfer?

Please advise.

Thanks,
Tarun

 

[metroguy]

based on my experience USCIS will consider that you have a valid status if you have atleast single paycheck for a month, You also submit your April settlement check (leave encashed and settlement amount) while filing your h1b. You will get a paycheck in the month of June, so if USCIS asks for RFE, then you will submit June paycheck that indicates that you have a valid status in the month of June. So you will be good. All the best