H1B transfer grace period and extra 180 days after I94 expiration

[vsrupa7]

Hi,

My employment was recently terminated by my employer because of Covid-19. I am on H1B visa and my 60 days grace period is going to end soon. However, I read/heard that after the I94 expiration, I will have 180 days more to stay legally in the US and can still apply for H1B Transfer during those 180 days but will have to leave the country to get my H1B visa stamped in India (after the transfer approval). Can you please let me know what are the options I will have once the 60 days expire and how this 180 days extra work? Once the H1B transfer is initiated after the 60 days before the 180 days expire, can I expect to receive a receipt number within the 180 days (without premium processing) and start work?

Please advise

Thanks,

Sai

[JoeF]

You heard wrong. There is no such 180 days.

Edited May 20, 2020 by JoeF

[gopalakrishnach]

You have to apply H1B within 60 days of last working day or with in I94 end date which ever comes first. Lets say you have submitted H1B petition in time. Then from I94 expiry you can work till 240 days. By that time if you did not get result of H1B petition at 241 day you must stop working but can stay in USA until you get result.

[User099]

You heard something and you interpreted it in a different way. 

You have 60 days of grace period after last day of employment to find a new job and do a H1 transfer. If you can't find a job, switch over to B2 (apply before the 60 day period ends) and stay for nearly 6 months. In this period you can find a new Job and file for a H1. But you can't work till the H1 is approved and it comes back with a I94. Its better you discuss all this with an attorney.

 

[User099]

5 hours ago, gopalakrishnach said:

You have to apply H1B within 60 days of last working day or with in I94 end date which ever comes first. Lets say you have submitted H1B petition in time. Then from I94 expiry you can work till 240 days. By that time if you did not get result of H1B petition at 241 day you must stop working but can stay in USA until you get result.

For H1 transfers there is no 240 day limit. 

[JoeF]

6 hours ago, gopalakrishnach said:

You have to apply H1B within 60 days of last working day or with in I94 end date which ever comes first. Lets say you have submitted H1B petition in time. Then from I94 expiry you can work till 240 days. By that time if you did not get result of H1B petition at 241 day you must stop working but can stay in USA until you get result.

Yes, but the OP was asking about applying for an H1 after I-94 expiration.

The rule you mentioned only applies if a new H1 is filed within the 60 day grace period (or before the I-94 expires, whichever is earlier.)

[gopalakrishnach]

I was trying to explain how OP why OP cannot get 240 days since OP did not submit a new petition either before 60 days of his/her last working day or before I94 expiry which ever comes first. May be my arrow did not hit the correct note. :)