H1B Portability during 60 day grace period

[axsaboo]

Hello,

I was in india to get H1b stamping, the process took a little longer than month, in meanwhile my company gave me a notice to be back in america by july 18th other wise I would lose the job. I got my visa on 19 and flew back to america on July 21st.

Since then I have been looking for new job and fortunately found one. During initial process of gathering papers for H1b petition, new company has a question - "We understand your intention of relying on the 60 day grace period in order to transfer your employment, but in order to qualify for the 60 day grace period, we need to show that you were maintaining valid H-1B status in the U.S. at the time your employment was terminated"

Can I use 60 day grace period in my case. I came to america after vacation on July 21st but lost the job on July 18th.

Thank you

Anuj

[balajimcat]

I assume your employer in USA sent to India for stamping and knew you are in India for Visa Stamping
Knowing that you are not in country employer cannot issue such notice unless you flew without proper notification

This behavior of your company is against Labor Law in USA and you can sue the company or invite for a discussion with your HR to sort it out
You should not be considering their decision of end date
If this is Indian Company then its know fact they do this often but the moment you invite for a meeting they will consider to honor law and be safe at legal

[JoeF]

5 hours ago, axsaboo said:

Hello,

I was in india to get H1b stamping, the process took a little longer than month, in meanwhile my company gave me a notice to be back in america by july 18th other wise I would lose the job. I got my visa on 19 and flew back to america on July 21st.

Since then I have been looking for new job and fortunately found one. During initial process of gathering papers for H1b petition, new company has a question - "We understand your intention of relying on the 60 day grace period in order to transfer your employment, but in order to qualify for the 60 day grace period, we need to show that you were maintaining valid H-1B status in the U.S. at the time your employment was terminated"

Can I use 60 day grace period in my case. I came to america after vacation on July 21st but lost the job on July 18th.

Thank you

Anuj

If you lost the job before flying back to the US, you committed immigration fraud because the job no longer existed.

Generally, employment in the US is at will, and either side can terminate the employment at any time. It doesn't matter if you are out of the country.