Pran13 Posted June 29, 2017 Report Share Posted June 29, 2017 Hi All, My H1B transfer is in RFE and if I receive denial, Will I have 60 days grace period to apply for new job ? Even if another H1B is approved, Will I have to re-enter US with valid Visa ? Note that my i-94 expires in 2020. Link to comment
JoeF Posted June 30, 2017 Report Share Posted June 30, 2017 The grace period is about if you get laid off while on H1. It has nothing to do with denials of an H1 petition. Link to comment
ishklight Posted July 27, 2017 Report Share Posted July 27, 2017 @Pran13 - What happened to your case? I hear from my immigration attorney that 60 days grace period also applies to transfer denials. It is not just for layoffs. As soon as the transfer is denied, you will be pulled off your employer's pay roll and hence would have lost job. Even when an employee quits his job voluntarily, the 60 day grace period applies. The following link talks about voluntarily quitting job. https://www.murthy.com/2017/03/06/grace-period-nonimmigrant-workers-following-loss-of-employment/ Link to comment
JoeF Posted July 28, 2017 Report Share Posted July 28, 2017 Huh? An H1 petition with new employer has nothing to do with the old employer. If you worked for the new employer with the receipt, you were not really on H1 with the new employer. Quitting a job is unrelated to that. A completely different situation. You are comparing apples to oranges. Link to comment
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