H1-B 60 Day limit

[hmctty]

Hi, I was about to transfer from Firm A to Firm B, and my H1-B transfer was approved. I wanted to take 3 weeks to relocate for the new office, so I will technically not be working in H1-B during this period. I did some research and found a lot of info and conflicting results regarding this.

Here are my questions:
1] It states that we can take 60-days between jobs (regardless of being fired or resigning), but it is a discretionary request without any way to request. This doesn't make sense to me because how can something be discretionary to USCIS for which no application was submitted.

2] If I take the 2-3 weeks off, then it is stated that it is not cumulative. So If I get fired from Firm B in the future, do I still get another 60-Day limit or none?

Thanks for all your help.

[newacct]

It's not discretionary. It's specified in regulation in 8 CFR 214.1(l)(2). It says DHS may eliminate or shorten this 60-day period as a matter of discretion, but I think that would only happen if they issue a new rule or somehow notify you that it is shortened just for you.

[User099]

3 hours ago, hmctty said:

2] If I take the 2-3 weeks off, then it is stated that it is not cumulative. So If I get fired from Firm B in the future, do I still get another 60-Day limit or none?

You will get 60 days again if you are fired from Firm B.

[care_candidate]

11 hours ago, hmctty said:

Hi, I was about to transfer from Firm A to Firm B, and my H1-B transfer was approved. I wanted to take 3 weeks to relocate for the new office, so I will technically not be working in H1-B during this period. I did some research and found a lot of info and conflicting results regarding this.

Here are my questions:
1] It states that we can take 60-days between jobs (regardless of being fired or resigning), but it is a discretionary request without any way to request. This doesn't make sense to me because how can something be discretionary to USCIS for which no application was submitted.

2] If I take the 2-3 weeks off, then it is stated that it is not cumulative. So If I get fired from Firm B in the future, do I still get another 60-Day limit or none?

Thanks for all your help.

You have incorrect information. You cannot be out of status for a single day. On paper, you have to be employed by either of the first at any day during H1b. You may take days off but that is up to the employer's approval and to be considered as 'time off during employment'. If one gets fired or lay off, then you have some grace period before leaving country.

[JoeF]

You have up to 60 days to report to work for the new employer. After that, the employer has to pay you even if you haven't reported to work. Source: 20 CFR 655.731(C)(6).

"(6) Subject to the standards specified in paragraph (c)(7) of this section (regarding nonproductive status), an H-1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant “enters into employment” with the employer.

(i) For purposes of this paragraph (c)(6), the H-1B nonimmigrant is considered to “enter into employment” when he/she first makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter.

(ii) Even if the H-1B nonimmigrant has not yet “entered into employment” with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination."

[JoeF]

15 hours ago, User099 said:

You will get 60 days again if you are fired from Firm B.

That's a different 60 days.

The OP is talking about a delay to start the job after the H1 is approved.

The 60 days you are talking about is the grace period a person has after losing an H1 job.