H1B transfer and 60 days grace period


Priya M

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Hi

I am Priya. I was working with a company A and recently got an offer with company B. Company B wanted me to resign at the earliest so I could join them. It was a big mistake that I went ahead and resigned company A on Jan 11th 2019 with jes the offer letter from Company B and no receipt number. Company B has given me a starting date of Jan 28th 2019, but they haven't started the H1B process yet. Company B assures that they would start the process as soon as their attorney is back from vacation but I am not at peace as I have already resigned and technically out of status. My current visa with the old employer A is valid till Dec 31 2019 and my i94 reflects the same. I wanted to know the following:

1. Did my 60 days grace period start from 12th of Jan 2019?

2. If so, am I expected to have an approved H1B transfer by 12th of March 2019 or is it enough for me to get a transfer filled before 12th of March?

3. If by any chance the H1 transfer gets rejected, can I apply for a transfer through another employer C? If so how many days would I have to apply the H1B transfer? And once the transfer is applied, can I stay in the US until a decision is made on the transfer?

Thanks

Priya M

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1. You get no grace period if you quit voluntarily. 

2. See 1. You get no grace period. Your previous employer is required by law to notify USCIS your last day of work. So assuming they are in process of doing it now , USCIS will probably know your last day of work very soon.  If they approve your transfer petition with new employer ,it will be under consular processing. 

3. No. As you have left the previous organization and you have no receipt number for new employment, your H1 is gone and you are most probably accruing unlawful stay right now.

Suggestion here would be to consult a competent attorney and get your case reviewed in depth and probably leave the country asap.

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46 minutes ago, Priya M said:

Hi

I am Priya. I was working with a company A and recently got an offer with company B. Company B wanted me to resign at the earliest so I could join them. It was a big mistake that I went ahead and resigned company A on Jan 11th 2019 with jes the offer letter from Company B and no receipt number. Company B has given me a starting date of Jan 28th 2019, but they haven't started the H1B process yet. Company B assures that they would start the process as soon as their attorney is back from vacation but I am not at peace as I have already resigned and technically out of status. My current visa with the old employer A is valid till Dec 31 2019 and my i94 reflects the same. I wanted to know the following:

1. Did my 60 days grace period start from 12th of Jan 2019?

2. If so, am I expected to have an approved H1B transfer by 12th of March 2019 or is it enough for me to get a transfer filled before 12th of March?

3. If by any chance the H1 transfer gets rejected, can I apply for a transfer through another employer C? If so how many days would I have to apply the H1B transfer? And once the transfer is applied, can I stay in the US until a decision is made on the transfer?

 Thanks

Priya M

60 days grace period starts from the day your old employer revokes your H1B petition. Normally, companies don't revoke H1 unless there is specific reasons. You can check with your old employer. 

But more importantly i would be concern that your payroll will not be running since you're on the bench or not employed. Which becomes illegal! 

If i were you, i would request the new employer to expedite paper work in premium processing if you have that option. 

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5 hours ago, User-72 said:

60 days grace period starts from the day your old employer revokes your H1B petition.

Sorry, no.

The 60 day grace period starts from the day the person gets laid off or quits.

H1 revocation is completely irrelevant for this.

The employer by law has to inform USCIS when the person no longer works there, which results in H1 revocation. And every employer does that, because otherwise they would have to continue paying the person.

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14 hours ago, JoeF said:

Sorry, no.

The 60 day grace period starts from the day the person gets laid off or quits.

H1 revocation is completely irrelevant for this.

The employer by law has to inform USCIS when the person no longer works there, which results in H1 revocation. And every employer does that, because otherwise they would have to continue paying the person.

Thanks for Correcting! 

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