H1-B visa transfer during 60 day grace period after job termination

[sameer.gupta.phx]

I was on h1-b visa with company A and it terminated my job last week. As per my understanding I have 60 days to find another job as per recent 60 day grace period rule. However as USCIS is currently not doing premium processing, will I be able to join based on H1 filing receipt it self ? Also what documents I may need to submit to prove my termination ?

Thanks !!

[Terminated H1B Employee]

Hello Sameer,

I am also in the same situation. If any one can respond to this case, that would be greatly appreciated.

Thank you !

[FamilyGuy32]

One of these two things might happen if your H1 is approved.
1. You may get I94 in the I797 notice. This is the best situation to be in. No need to go for stamping. 
2. You may not get I94 and must need to leave the country ASAP as soon as you receive the approved I797 notice without I94 and should go for Consular Processing.

It also depends on how your attorney has filed your case. I think they may choose the option before filing if to request a new I94 or explain the circumstance of layoff and allow for continual of your stay.

It will be a tricky period for you but check with your attorney how they have filed the case so that you are aware of the outcome and can prepare accordingly

Good luck

[aksaks]

On 4/2/2017 at 9:11 PM, sameer.gupta.phx said:

I was on h1-b visa with company A and it terminated my job last week. As per my understanding I have 60 days to find another job as per recent 60 day grace period rule. However as USCIS is currently not doing premium processing, will I be able to join based on H1 filing receipt it self ? Also what documents I may need to submit to prove my termination ?

Thanks !!

I had a similar situation and my lawyer said, I could start working as soon as H1B is filed, even the FEDEX receipt would count but when I said i was not comfortable, I was told to wait until I received a receipt number. Please share your experiences.

No idea how to prove your termination, my lawyer says it is the last paycheck you received.

Here is what I read in the recent (Jan 2017) AC21 ruling;

https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

Page 8/95

Section 105 of AC21, which added
what is now section 214(n) of the INA,
8 U.S.C. 1184(n),6 to allow an H–1B
nonimmigrant worker to begin
concurrent or new H–1B employment
upon the filing of a timely, nonfrivolous
H–1B petition;

[Terminated H1B Employee]

Hello Aksaks,

Thanks for your reply. 

May I ask your H1B is filed after your employment is terminated from your previous employer? If so, your lawyer said to commence the employment with the receipt notice? Please clarify. Am still confused with my situation.

I will look forward to hear back and your response is greatly appreciated.

Thanks a lot !

[Terminated H1B Employee]

Hello Aksaks,

Could you please respond to the above thread? there are many folks are awaiting for an update from you.

Your response greatly appreciated.

Thanks a lot !