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Mr.Rao

H1B Transfer filed during grace period-When to start work?

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Hi Team/Members,

Please run through the below scenario and comment based on your expertise. 

1.My spouse is on H1B with i94 validity till August 2020 and her company was shut down on July 31st 2018.

2. Grace Period gets over by Sep 30th 2018.

3. Company A filed a H1B on Sep 7th in normal processing but we are hesitant to join as they are EVC model and not sure of the approval rate.

4. Company B with good H1B approval record is working on filing the H1B before Sep 30th.

Given the situation, company B gave us a joining date of October 15th and the attorney of the company B insists that "Filing of H1B before the 60 days grace period is important and you can join the company anytime and its NOT necessary you have to start work before 60 days grace period"

I would like to get a second opinion from forum members here.

Are we fine just filing a H1B transfer before the 60 days grace period and not to work till the company asks us to even if it is after 60 days grace period?

Is it ok to stay without payroll just because we filed H1B within the allotted grace period?

If yes, then is my spouse is already safe from grace period when the Company A filed the H1B on Sep 7th?

Any comments are appreciated.

 

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