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bobgus

H1B 60 day Grace period - Status

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My H1B petition (extension based on I-140) has been approved in Sep 14, 2018 for three years in 2021. My job ended on Oct 12, 2018 & H1B was withdrawn. As such, the 60 day grace period started which will end on Dec 11, 2018. I found a new job & as per company timelines, H1B packet would be sent in the last week of November. Under the company policy, I'd be eligible to work on the H1B receipt (by mail since premium processing is unavailable) & not based on FedEx receipt of H1B package sent. With the current circumstance, H1B notice of receipt may be received in third week of December much after my end of grace period.

1. Would I be accumulating illegal status if I don't work after Dec 10  (till the company receives H1B notice of receipt) even if the package was sent?

2. Is it legal to work on FedEx receipt even if we do not have the H1B notice of receipt?

 

 

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You can not work based on a mail carrier receipt (like FedEx.)

You absolutely have to wait for the receipt from USCIS.

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1- Yes , you need receipt notice to start working for new employer.  You must leave country before last day of your grace period if you have not received a receipt notice by then.

2- see 1, No it is not legal to work on fedex receipt. This should be common sense. Anyone can send an empty package via fedex. USCIS does pre checks on all applications like correct fees are attached or not. A fedex package means nothing.

Safest option is to leave USA before last day of the grace period in case you have not received the  receipt notice yet . 

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