H1b transfer - During Grace Period

[Sfood]

Hi, 

Grace period ends on 30- jan-2020.

I94 expiry date - 12 jan 2020

Got an offer from top company, accepted the offer. Company lawyers already working on papers.

They say that they will file LCA on thrusday. We told them all these dates.

They say that they will keep all papers ready for h1b transfer filing. The moment lca approval comes, they will file h1b transfer. 

1. Is it possible to file before jan 12th ?

2. The lawyers still say that u have 60 day grace period. But in all forums, it's clearly written that it ends if ur i94 expires before 60 days.

KINDLY HELP.  Will we be able to file before 12th ( 11th & 12th weekend ). Or should we leave the country ?

We are confused , worried though we signed an excellent job offer in a top company...

Please advice.

 

[JoeF]

The grace period ends when your I-94 expires.

The rule is: the grace period is 60 days or until the I-94 expiration, whichever is shorter. Period. If your lawyer doesn't know that find a better lawyer.

Edited January 2, 2020 by JoeF

[Mav777]

LCA takes about a week to be certified after filing, so the H1 extension filing will not very likely occur before Jan 12. You will have to leave the country by Jan 12 and the company can file for H1 ext with consular processing. If done in premium, your stay outside the country should be brief so I wouldn’t worry too much even though it will be a bit of a hassle.