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ap_reddy

60 Days Grace period on H1B Denial

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Experts,

I was with Employer A with I-94 valid till 12/19. As Employer A announced layoffs, I changed to Employer B and joined on receipt  notice and got RFE.

My Question is as My Employer-A's I-94 validity is till 12/19 , Can I get 60 days grace period , in case  my H1B transfer petition to Employer B rejects?

Appreciate your help.

Thanks

 

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2 hours ago, ap_reddy said:

Experts,

I was with Employer A with I-94 valid till 12/19. As Employer A announced layoffs, I changed to Employer B and joined on receipt  notice and got RFE.

My Question is as My Employer-A's I-94 validity is till 12/19 , Can I get 60 days grace period , in case  my H1B transfer petition to Employer B rejects?

Appreciate your help.

Thanks

==>Yes

 

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13 hours ago, ap_reddy said:

Experts,

I was with Employer A with I-94 valid till 12/19. As Employer A announced layoffs, I changed to Employer B and joined on receipt  notice and got RFE.

My Question is as My Employer-A's I-94 validity is till 12/19 , Can I get 60 days grace period , in case  my H1B transfer petition to Employer B rejects?

Appreciate your help.

Thanks

 

If the Employer B petition denial notices from USCIS mentions anything on maintaining status then your unlawful presence will start from the day when you receive denial notice on Employer B.

When you are unlawful you can't work for any Employer you need to leave the USA

If there is no question on maintaining the status on the Employer B's denial notice then 2 possibilities based on the the immigration law for grace period and the law is vague 

1. Your case can be considered under grace period - Emplyer C can file your transfer , you may get H1B Approval with I-94 date - Happy Path

2. Your case can't be considered under grace period - Employer C H1B petition may get approval without I-94 then you need go out side USA and get your Visa Stamping done.

 

In both the cases USCIS decision is final and you can work until the decision is out.

 

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8 hours ago, ranjith207 said:

My I 94 expires in October. if my H1 extension is denied in November or later, will there be a 60 day grace period?

No.  

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23 hours ago, xTDx said:

No.  

To expand on that, the grace period is 60 days or until the expiration of the I-94, whichever is shorter.

If the I-94 expires in October and the H1 gets denied in November, there is no grace period because the I-94 has expired.

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